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False certification discharge for student loans

Sat Sep 6, 2008 11:09AM | By Tony

See more in Student Loans | Permalink | Email | Comments (0)

If someone obtains student loan in your name and social security number, you can try to get a false certification discharge, which was created July 1, 2006. A false certification discharge authorizes a discharge if the your loan was falsely certified as a result of a crime of identity theft. Until the discharge regulations can be developed, lenders may provide administrative forbearance and guaranty agencies may suspend default collections if you present evidence showing that the loan may have been falsely certified as a result of a crime of identity theft. As with other discharges, the lender or guaranty agency must believe the evidence is reasonably persuasive to grant you a false certification discharge.

If you believe you qualify for an identity theft discharge, you must complete, sign, date, and submit a discharge application to U.S. Department of Education representatives for consideration of loan discharge. You can request an application form from the lender that holds your loan, or you download it.

Include with your application form the information described below,

- a court judgment that was made in your favor that conclusively finds that you were a victim of identity theft and identifies the name(s) of the individual(s) who committed the crime
- any supporting written statement that describes how the identity theft relates specifically to your student loan(s)
- a clear copy of a valid government-issued photo identification card, i.e. Driver's License, State-issue ID Card, or Passport OR a clear copy of your Social Security Card
- send the documents to the party that holds the loan, check a recent demand letter or bill for this loan - if the address to which you are requested to send payment is the National Payment Center in Greenville, TX, you should submit this documentation to -

UNITED STATES DEPARTMENT OF EDUCATION
FEDERAL STUDENT AID
Processing Group Regional Office, Room 8633
50 Beale Street
San Francisco, CA 94105-1813

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