Bankruptcy Law/Daughters private student loan
QUESTION: Hello, my husband out of desperation and which much confusion unfortunately co-signed for our author back in 2009, my questions are: can he be the ONLY co-signer or did they in fact need MY signature as well, making the contract VOID? I'm disabled and at the time was going thru tremendous medical issues and due to that and the pressure to have our daughter complete what she started at USF in San Francisco he did what he regrets DAILY is cosign without my knowledge, he was trying to do right by one (daughter) and not cause me more stress so he signed this document that is now causing us MORE stress due to having one income between my husband and I, we can't qualify for a toothbrush without this $100,000.00 LOAN showing up!! NOW our daughter has been laid off her job and we are truly scared and so stressed out due to this HUGE MISTAKE...our daughter is an excellent employee, student, young woman with morals and is a hard worker she has been on time with ALL payments but now it's out of her hands due to the job issue..she has called Sallie Mae in the past for reduction of payments etc the customer service is HORRIBLE they tell her well your next $1800.00 payment is due on the 15th of every month...period no compassion no regards as to what this amount is doing to her monthly!We as parents worry about her health while she is under so much stress she has battled with Annorexia in the past and this much stress could jeoperdize her health, but most of all her life!I need to know how we can get our names OFF this loan and if the contract is legal with ONE signature also what if I'm disabled and have been for at least 10yrs unable to work, and now my daughters Job situation along with her health issue.This LOAN is killing our family, let's hope you can help us with some great inforamtion and news...We pray that President Obama is able to make changes when it comes to this very issue that not only affects our family but so many others...Thanking you in advance.
ANSWER: Hello Ms. Lohnmann: I just saw your question in the question pool. You raise several issues that may provide some window or hope to you and your husband regarding this student loan situation. I have experience with the law in community property states (like California) and you may be able to challenge this debt on the basis you suggest. There is also another possibility that you might consider, but I am hesitant to say much more because I don't know all the facts from your question. In fact, this would be much easier to talk about on the telephone. You are welcome to call me at any time that you wish at the number indicated below. I will not charge you just to talk on the phone.
Jack Hall (J.D.)
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QUESTION: I will call you most definately, if you could please let me know what questions you may have in order to be more prepared prio to me calling would be perhaps more helpful for both of us. Thank you, first for the response and for giving us the hope that something can be done about this private student loan that my husband co-signed that is causing tremendous stress in our family, not to mention to our daughter who is now unemployed as of last week.thanking you I look forward to hearing from you.
Ms. Lohmann: The questions I have are nothing, in and of themselves, for you to get stressed about. What you can do or not in this situation with your daughter depends on some basic facts that you did not mention in your question regarding timing, the amounts involved, her income, etc. It is all information that you don't have to spend much time in preparation for answering - Instead we can get a good idea of what your options are by just talking when you call me. You can call me today (Friday) or anytime that you wish. 915 261-3893