02
Jan
13

Student Loan Debt: False-Certification Discharge

Borrowers are entitled to a loan discharge if they received at least part of an FFEL or Direct loan after January 1, 1986 and if their eligibility to borrow was falsely certified by the school.  The discharge does not apply to Perkins loans, but students should be able to raise the school’s misconduct as a defense to loan repayment because the school is the original lender.

The Department of Education recognizes four bases for a false-certification discharge:

  • The school falsifies a non-high-school graduate’s ability to benefit from the program;
  • The school enrolls a student unable to meet minimum state employment requirements for the job for which the student is being training;
  • The school forges or alters the student loan note or check endorsements;
  • The borrower is a victim of identity theft.

If you believe that your student loans should be discharged, please contact the Zarcone Law Firm for a FREE consultation at 619-800-3082.

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