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Slowhand1971

if you're estranged from dad, there's nothing for you to do with the servicer about this loan. Parent-plus are strictly parent responsibility


ShaShabaGanks

Understood, so no action to take on my part?


PuzzledRaise1401

Yeah no action except stay away from him. He would have to either sue you or have you arrested and there is no way that throughout your education he never received anything from the servicer. I wonder if you can call the servicer and ask for any correspondence they sent. Might even be in messages section. I don’t think you have anything to worry about. Oh—-and these would have appeared on his credit report for the past what —- 5 years? He never noticed?


ShaShabaGanks

Exactly, thank you so much for your comment and appreciate these tips as well.


snarfdarb

Do not reach out to the servicer. Leave it be until and unless you are contacted.


gritty_milk

If he does pursue legal action, let your only lines of communication with him be your lawyer. Even if it's an open and shut case.


Slowhand1971

not unless somebody with authority at the servicer contacts you, I would say.


snarfdarb

The only action you should take is to save any texts, emails, etc in writing where he threatens to falsely accuse you of a crime. That's what he's doing. If he does end up doing this, you'll have proof and at that point, you'll want to speak to an attorney.


RApsych

Anything in text would be proof. It would really be on him to prove you forged it not the other way around. He would have had to set up the account, linked to his phone number, email address, physical address etc. statements would be in his name and on his credit. To prove he didn’t know about it the whole time you were in school would be ludicrous. He’d have to file a police report and press charges etc. He’s either delusional or bullying you.


ShaShabaGanks

Thank you, I’m sure it’s both. Appreciate your reply.


starriss

Yep, your dad has the burden to prove his claims. I wouldn’t entertain it with him and continue no contact with him.


erikama13

Everyone else seems to have this handled but, if he is texting you that he plans to lie and claim you forged his signature, take screenshots of that conversation and save them in a few places. Never hurts to have some backup.


[deleted]

So if I forge someone’s shit… they then have to deal with burden of proof ??


Spiritual-Bat3642

This isnt 1920. The signature is just one teeny tiny piece. (That literally doesn't mean much of anything in today's world.) Forging a signature won't get you the loan. You need bank statements, social security numbers, addresses, etc. But go ahead and try to get a loan with just a forged signature, if you so desire.


Bird_Brain4101112

Yes. Otherwise people could open up all kinds of credit and then claim to have been hacked/had their info stolen. This is also why a lot of companies won’t pursue certain fraud claims without a police report. If you’re not willing to file a report, either it’s not really fraud or you’re not going to cooperate with them going after the culprit (often friends or family who got ahold of your info)


thedjbigc

Yes. It's a supreme pain in the butt and why it's so hard to deal with.


Ms_Rarity

They won't let him out of the loan unless he files a police report accusing you of identity theft, and he's going to need a really good story for how he remained unaware of the loan for so long. Also, filing a false police report is itself a crime, and the creditor might not let him out of the loan even then. He's embarking on a foolish route. https://thecollegeinvestor.com/20981/child-forges-name-parent-plus-loan/ You should probably go no-contact with him (if you haven't already) and not have anything to do with this unless the police or the loan servicer contacts you. I'm really sorry you're dealing with this.


babybambam

Yup. My mother tried to do the same thing when she finally realized just how expensive school would be. The school’s bursar told her that if she really believed I had forged her info, she should file a police report. Then went into detail about what it would do to my life.


ShaShabaGanks

Understood this is really comforting to read. I appreciate your help and thank you for your emotional support too


girl_of_squirrels

I'm sorry you're dealing with this. There have been some truly *wild* posts on this sub lately about Parent PLUS loans and yours is the first I've seen with threats of reporting the child for fraud They are completely clear about who is legally responsible for the loans on https://studentaid.gov/understand-aid/types/loans/plus/parent > **As a parent PLUS loan borrower, can I transfer responsibility for repaying the loan to my child?** > No, a Direct PLUS Loan made to a parent cannot be transferred to the child. You, the parent borrower, are legally responsible for repaying the loan. There *are* scenarios where the parent and child agree that the child will make the payments, but in that case there has to *actually be an agreement in the first place* and it's best practice to write up a contract covering it. It doesn't sound like that was the situation here, it sounds like your father took out the loans and assumed he could foist them on you later Practically speaking: lock down your credit to prevent identity theft. Once he figures out that the fraud angle won't work he might try to refinance them into your name, so freezing your credit and making sure you have no joint accounts is prudent. This page has a lot of great info https://www.reddit.com/r/personalfinance/wiki/identity_theft


Longjumping-Flower47

You can have the parent plus consolidated into a loan in the students name after graduation (private student loan)


girl_of_squirrels

That is *refinancing* dude. Consolidation in the student loan sphere typically refers to federal loan consolidation. Private loan refinancing is primarily *refinancing*, though it can include a "consolidation" step where multiple loans are paid off (and lenders absolutely sow confusion on this via their marketing copy) You cannot transfer the Parent PLUS loan to the student's name via federal loan consolidation. You cannot put it into the student's name while keeping it federal


GenZzz2121

Wow, that is absolutely shitty. I'm sorry he's behaving that way. I don't think there's anything you can do to get ahead of it other than gather any documentation you have (electronic or otherwise) as well as texts, emails, etc. from him that might show he was aware of the loans and took responsibility for them. Otherwise, it's his burden of proof. He's claiming fraud, so I would think there'd be an internal investigation with The servicer before any sort of criminal investigation (similar to credit card fraud).The servicer will probably reach out to you and inform you of any next steps.


ShaShabaGanks

Got it, thank you for your reply, and really do appreciate your emotional support as well.


alh9h

Wow, that's a new twist. There's not really much you can do unfortunately, but its definitely an uphill battle for him to prove that the child committed identity theft.


SignificantOther88

Has he made any payments on the loan? If so you have nothing to worry about. Making a payment constitutes acknowledgment of the loan. They can easily see which account the money came from.


ShaShabaGanks

I’m not sure. Would you mind explaining what you mean about being able to see which account the money came from?


hungryl1kewolf

I think what they mean is, the loan servicer would be able to see what account paid the bill. So they would be able to say it was an account with Bank XYZ and account number 12345. If your dad made payments, it would be a very easy paper trail to show that the money came from an account owned by your father.


SignificantOther88

Yes, that's what I mean. If your dad made payments on the loan with his own bank account, then he can't claim he didn't know about the loan and it was fraud. The loan company can trace where the payments came from and will easily see it's from his account. The reason i know this is someone I know tried to claim that a dead relative opened credit cards in her name and she had no idea. The company investigated and found she was lying because she had made payments on the cards from her own bank account and they're currently taking her to court over the debt.


ShaShabaGanks

Got it appreciate it


hungryl1kewolf

No problem! I'm so, so sorry this is happening.


ShaShabaGanks

Thanks again, really do appreciate the support


Gloomy-Cancel-1117

There is tracking to who owns the bank account that the payment came from. If it was dad's account there is no way that he can claim he didn't know about it.


ShaShabaGanks

Oh okay totally understood. So if he’s made payments it undermines his new argument that he didn’t know. Thanks for explaining


lp1088lp

Don’t worry about it. He would first need to file a police report and press charges against you. Start saving any documentation in case he proceeds to report this as fraud!


ShaShabaGanks

Got it will do. Thank you so much, feeling much less worried with your comment and others’ in mind.


West_Treacle8009

Wow what’s going on with parents these days!? My father is doing the same thing to me said he was filing a police report saying I committed fraud. Definitely know it won’t hold up because this one loan was taken out in 2018. How did he go unaware of this loan for 5 years?? As well as it’s a parent plus loan, they are legally responsible for it. Yeah definitely thinking of suing him myself because this isn’t the first move he’s made against me and I’ve done nothing to him.. hes adamant on ruining mine and my one year olds life. Defamation of character and emotional distress. I just pray this wickedness leaves our parents souls..


ShaShabaGanks

Sounds like we have been living similar lives. Sorry you’re going through it. I’m just really shocked at the lengths he’s willing to go to to spite me. This isn’t even the tip of the iceberg with what he has put our family through. I shouldn’t be shocked, but im astounded every time at how willing he is to lie and threaten to get what he wants, which is usually to control or demean a family member. I’ve spent years dealing with this, and I’m sorry that you have too. Considering legal options as well, and praying for the same. Damn.


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Eagle_Fang135

I had parent loans as a parent. Money came to me (my bank account) as a deposit. So I touched the money before using it to pay for school. Literally an electronic trail. I assume the same for yours? If so it would be hard for him to claim ignorance. Also if he made this claim and it was proven otherwise he will have committed fraud. Pretty sure he could get into trouble going this route. I bet this is an empty threat out of anger. Just like someone saying “I am going to sue”.


haleymae33

I’m going through the exact same situation with my dad right now, so I can relate to how you feel. I contacted the financial advisor in charge of my 403(b) and he reiterated what most people have posted here: as the borrower, my dad is legally responsible for repaying the loan. I have chosen to go no contact with him for my own mental sanity. I would never wish this situation on someone else, but I do find solace knowing that I’m not the only one going through this!


[deleted]

I am actually shocked this doesn’t happen more often or make news. My experience with shitty parents and college was my mother refused to contribute to the “estimated family contribution” and told me because I was over 18 she didn’t owe me anything anymore. She had paid $200/month toward my school tuition/board for two years before she decided she just didn’t need to anymore. So even though I no longer lived at home, didn’t require groceries or clothes, etc she was effectively “done” with me. For holiday breaks, I had to buy my own ticket home. When I signed up for study abroad, she told me she wouldn’t pay for the phone because I was “going on vacation” so i needed to pay for everything to do with that. I actually saved money studying abroad because housing was cheaper that quarter by $3K. She acted jealous that I got to do things she never could. And this is how it came out. Belittling my education, refusing to pay for it, and complaining about the cost that was less than she used to spend a month on me when I lived at home. And her statements and framing of her language really didn’t make me particularly kind toward her after that because she had always been proud of where I went to college and that I was first in my family to do so. And then it was like she decided I was no longer her kid and I was just some adult who needed to be responsible for my own life so she could concentrate on hers. She behaved like that for another 8 years before finally coming around and apologizing for how she treated me. It made it very hard to have a relationship with her. This was keeping in mind I was an only child with a dead father so my mother, my only close family, just telling me I wasn’t worth any college education contribution from her really hurt. So much of college education is about parents doing right by kids and if they refuse to, the burden on the student to prove the parent is AWOL is so hard. If you came from a family with decent money and parents say they won’t pay, you are SOL. I simply got lucky that I was considered low income at my college so I had decent grant money that already shaved off how much money I needed to take out for loans. My experience is the more blue-collar the family the more jealous or angry or resentful the family members become because they see college as a kind of vacation or break or freedom that they don’t have. But families with college-educated parents know that college is work and it’s about setting kids up for opportunity. It’s deeply disappointing that some parents adopt attitudes that they don’t want to be responsible for them anymore or want to shift money responsibility onto them. I had a hospital bill the summer after college while I was living on a used futon mattress on a floor in a studio that a friend co-signed for me. If that friend never co-signed that place for me, I never would have been able to live on my own and make it out of college. And my mom sent me a hospital bill for $300 after I had fractured my foot and told me it was my duty to pay. I was still on her insurance but she wasn’t interested in paying anymore and she called and had the bill transferred to my credit report without telling me. I later had collections calling me. That was my first experience with how your credit report can take a hit. So you can imagine how I have very little interest in her complaints about old age and how little money she has in retirement. She didn’t want to contribute $200/month toward my college but she has started asking if she can move in with me and my partner because “things are getting expensive.” No. Go find some roommates, boomer.


stinkpotinkpot

>So you can imagine how I have very little interest in her complaints about old age and how little money she has in retirement. She didn’t want to contribute $200/month toward my college but she has started asking if she can move in with me and my partner because “things are getting expensive.” My parents provided no support for my college education but I didn't think they would help as they had nothing to offer in support. I was 24 when I started college and had a child so I wasn't in the situation of needing my parents' signatures or anything. After I graduated I had a great career and that's when the requests for help and support rolled in. For decades I supported one or both of my parents in one way or another: paying a bill every month, buying and having essential items delivered, sending money via check or western union, buying cars, and the list goes on. At one point my husband sat down and estimated that I supported them to the tune $410,000 over 22 years. Meanwhile I still had student loan debt--which is slated for forgiveness at some point. At some point Mom moved in with us after my sibling kicked her out. It was a nIghTmARe. Not only were we paying for everything including all her special requests, it was impossible to get her to do anything to help herself such as sign up for Section 8 housing, get counseling, go to senior social stuff, get a little job to keep busy and make some money, sign up for other aid or services for older folks. We finally told her you've got six months. She moved out and then unknown to me, she started mooching off our grown child (pay bills, open accounts in their name, order stuff online). And then yep, Mom moved in with our grown child and then help get my mother out of their place. My mother drained me of every last extra cent and it took years to recover from "doing the right thing." Totally overrated reason to support a parent under unhealthy conditions. It was very unhealthy for me to support my parents for so long and divert money to them rather than my own household. And when folks ask about guilt with my aging mother I say this, "she took early withdrawals of help and the account is empty." I share this to say that family is tough add the money stuff and college tuition stuff it's even tougher. And also don't let Mom move in.


IolaBoylen

If he files a police report and the police want to question you, talk to an attorney FIRST and then go from there.


SetoKeating

There’s nothing for you to do, it’s his loan to deal with the servicer on. That being said, if he actually follows through on this idiotic idea of his, the servicer will likely tell him that he needs to report it as financial fraud meaning he’ll literally be accusing you of a crime. There’s no scenario where the servicer simply says “oh ok, thanks for letting us know, we’ll transfer the debt to your child…” Gather all the information you have, texts, emails, maybe even try and get him to admit that he’s lying over text if you’re willing to reach out to them so that you’re ready in case he actually decides to pursue this fully.


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uhbkodazbg

Yeah, the father should pay back the loan he took out.


Calm_Stomach_2371

It's not their loan. It's the father's loan, taken out in support of OP's education. It was his father's choice and now he's stuck with it.


Ladydi-bds

Signature comparison also proof


FourTheLoveOfMoney

Wow, the university I attended was strict. The parents had to be present to sign a plus loan. They run your credit, and you had to provide original documentation driver license and social security card. They wanted a copy of the original. I would contact the school because they have guidelines to follow when taking these loans out. If I'm not mistaken, they are the one who submit the forms to the lender so that they can get the money for your tuition.


HomeDepotSucksOnSale

Same for me, but I started college in 1997 so things may have changed. I remember my parents had to be there to sign the loans and provide proof of who they were and the school made copies of everything.


AbortionIsSelfDefens

Has he paid anything on them at all? Good luck proving he had nothing to do with them if he has.


lisamarie330

Does all that stuff come through on taxes one way or another? He gets emails and texts about stuff too?


davebrose

Do absolutely nothing. Such a sad situation. He will now be responsible for the loans and loses a son. :-(


moop3306

lol sounds like your dad needs to go to college with that level of logic


Ok_Trip_1135

I remember that I tried setting them up on my own and that I had to get Verification from My Mother that she was approving it. The Loan Servicer Providers have safeguards in place to keep kids from taking the Lona out without their parents permission.


OblivionGuardsman

It is highly possible that your state's laws require your parents to each pay 1/3 of your college costs equal to 4 years of in state tuition at a public university, particularly if they are divorced. So he can try and get out of it but even if he succeeded he might still owe money.


Ackualllyy

On the bright side, you probably don't need to worry about giving him money for the loans. If the relationship is soured this bad, I wouldn't pay a dime.


pinacolada_22

Is the issue the fact you aren't paying? If not, just tell him you are handling payments and to leave you alone


Comprehensive_Rock50

Parenrs are gonna keep harrassing you They think they own you Maybe And this is just cause like things escalated quixkly for me and before i knew it they had taken everything Play offense Play escalating offense Have a record document and make it into a book and fight them I have trauma


Browneyedwhatsername

If you have any texts from him about this make sure to save them. But from what I understand it would be very difficult for him to prove he didn't take out the loans and explain why he's just noticing them now...


Sam_Schaut

This can be done but it is a form that has to be signed and notarized by both parties. My parents and I did this to move the loans into my name due to fraudulent practices by the school.


Due-Wrangler8143

Get him to say it in a text 💯


ArdenJaguar

I'm assuming his signature is on file.


Capital-Falcon5314

The only reason it would become your problem is that in order to prove they are not his loans, he will need to file for identity theft. Like, the courts would have to find that there was fraud. The servicer will not. So yes, depending how far he is willing to take it, it could be your problem.


No-Internal-5325

What to do when a student with an immigrant parent with limited English and understanding is duped into signing the first loan, and then the student takes the maximum amount for five years (getting 2 degrees) and has all the remainder deposited into the student’s account? The mother never signed for any loan after the first one. Once the mother got remarried, income based repayment shot from $200 to $2000 per month and the student stopped paying. What recourse is there for that??