I cosigned for a student loan that was never used for educational purposes. Is this fraud? Can I get removed from the loan?

I cosigned for a Sallie Mae 'student loan' that was paid by a check with both my daughter and my ex-wife as the payees. Only a few hundred dollars of the funds were ever used for any educational costs - the rest was spent on a used car for the daughter, and to pay off credit cards, debts, and purchase of 'things' for & by the ex-wife. Now she is unemployed, with no income or assets, and I am making $170/month payments on a $17000 loan. I feel that I am the victim of fraud, and want to know if I can get my name removed from the loan.
Additional information
I as well co-signed for a student loan for my ex-neice, she was thrown out of beauty school after 2 months and the balance of the loan was given to her via the school without my knowledge. I am told she spent the money on a used suv and other bills. Although she is working, she refuses to pay back the loan and it is now destroying my credit as I am seeking leagal advice with no one interested in taking on my case. If I signed with the intent of co-loaning for schooling then am I obligated or can I fight for my rights since she did not fulfill her obligation or that of the loan I co-signed. And by the way....what in the world is going on that a person would be suspended/expelled from a school and the school just dishes out the balance of the money without the co-signers acknowledgement??? PS. I am from Pennsylvania and any lawyer interested in my case feel free to email me as I am a willing and paying client.
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Answers (3)

Margery Ellen Golant

Margery Ellen Golant Avvo Pro

Contributor Level 8
Unless the lender agrees (and they never do), you cannot get removed from the loan. You may habe a cause of action against your daughter and your ex-wife for reimbursement.

Please note that I do not practice in your state and that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.
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Jon Mitchell Jackson

Jon Mitchell Jackson Avvo Pro

Contributor Level 6
DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

We practice law only in California. You should consult an attorney in your city or state for legal assistance.

If you were mislead into co-signing the loan, then you may be a fraud victim. An issue you need to consider before taking any legal action is whether or not the lender will take the position that you and the other people who signed the loan were co-conspirators in defrauding the lender on this loan. As a co-signer, you step into the shoes of all the other people who signed the loan and you may be opening up a big can of worms by pressing this issue.

Having said that, if you are truly an innocent victim and were honestly mislead into signing the loan, then you should contact a local attorney to assist you with protecting your rights!

The above information is provided for discussion purposes only. Jackson & Wilson, Inc. and its attorneys believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

Best Regards,

Jon Mitchell "Mitch" Jackson
Jackson & Wilson, Inc.
An "AV" rated firm listed in Martindale-Hubbell's Bar Register of Preeminent Lawyers
www.JacksonWilson.com
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Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
Fraud is actionable if certain elements of proof are established by the evidence. Using the written documentation you have is a good place to begin. Contact a local lawyer - many may give you a free consultation for an hour - to discuss your specifics. Far too many variables exist in the short post you wrote for any further observation by me.

Good luck.

Note: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. Check with a lawyer in your own jurisdiction. The law is constantly changing and answers different from place to place.
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