My son took out a loan and forged my signature as cosigner, do I have any recourse without going after him criminally?

Question Details:

My son took out a loan and forged my signature as cosigner. I don't want to have him arrested or prosecuted but the matter is tarnishing my credit and I would like the loan responsibility placed on him. Do I have any recourse with the lender for not properly verifying information before granting the loan?

Asked 11/18/2009 under Business | 410 View(s) | More Legal Topics

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Business Law Answers

No, you don't have any recourse against the lender--they are not under an obligation to perform verifications of the information, and are entitled to rely on the materials they are sent. Your only recourse to get out of the loan would be to let the vendor know that you son forged your name, which means holding your son out as having committed fraud. If you have the wherewithal to pay off the loan, you might instead pay it off, then sue your son for the money he owes you from your paying the loan. That might put a civil judgement over your son's head, but not criminal liability.

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