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My mom took out student loans under my name. Am I obligated to pay?

Anaheim, CA |

When I was entering my first year of college, my mom told me she would fill out my FAFSA for me, so I agreed and let her do it. What I later found out was that she took out loans under my name during my 4 years of college. I have never seen the money and I don't even know what she did with it. Am I obligated to pay this and what good will come out of a lawsuit against her if she already doesn't have any money?

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Attorney answers 2

Posted

That's all a good question. But it depends.

Did she take out the loans or did you? If she took out the loans, signed them for herself, and your SSN and your identity are out of the loop, then probably no you won't have to pay it back. Does that mean you're in the clear? No.

Free Application for Federal Student Aid (FAFSA) is the initial application. The next question is: were there student loan checks issued? Did she receive any money?

See there are a lot of missing pieces here. So no clear answer for you without more facts.

This is a public forum. Any questions or answers published here should not be construed as the giving or receiving of legal advice or the formation of any attorney-client relationship. You should consult with a competent attorney in the jurisdiction where your legal issues are pending and get good, solid legal advice. This being a public forum, those answers you do read are merely given for informational purposes only.

Posted

I practice in the field of student loan law in the Los Angeles area.

Under federal regulations, you may be eligible for a discharge of your Direct Loan or FFEL Program loan if your loan was falsely certified because you were a victim of identity theft.

I'm a lawyer admitted in California and New York with offices in Pasadena (CA) and New York City. I'm not your lawyer unless we enter into a written agreement. For questions about this or anything else, call 866.787.8078.

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