If someone uses your name to sign a student loan without your permission, canyour name be removed from the loan?
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If someone uses your name to sign a student loan without your permission, canyour name be removed from the loan?
Does the individual have to file a police report? Will the lender press charges even if the individual is making the loan payments? Can the government take action?
Asked on July 12, 2011 under Bankruptcy Law, Louisiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) No one can obligate you to a loan against your will or without your permission, and falsely signing another person's name to a loan will not bind you to that loan. You can void the loan if you can show or prove that it was not you that signed and that the person who signed for you had no authority to do so. The main issue will be establishing that you did not sign or authorize the loan.
2) You *may* have to report the matter to the police; you should first contact the lender and tell them; they may then require that you report this to the police as identify theft and/or fraud, to establish that this truly unauthorized (and not that you and the other person are someone collaborating to defraud the lender). Even if you don't report it to the police yourself, it's certainly possible the lender will.
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