Legal Question in Civil Litigation in Florida
My husband's father cosigned for my husbands student loans back in 2003/2004. He no longer wants to be on the loans. My husband has deferred the loans due to being back and school. That in additional to family arguments caused my father in law to file a fraud investigation with Sallie Mae saying he never cosigned the loans. Sallie Mae contacted us and we were able to provide additional documentation that not only did he cosign them eight years ago but he also resigned papers last November 2010 as the cosigner so the loan payments could be restructured to a more manageable loan payment. He is denying doing any of this. Sallie Mae finished their investigation and confirmed that he was definitely the cosigner and that they were closing their investigation which set my father in law off even more. He is trying now to contact sheriff's departments and attorneys to continue this pursuit.
Other than the documentation that he did so and an email I have when he was getting phone calls from Sallie Mae stating that he "cosigned the student loans in good faith expecting my husband to pay them." what process can he take at this point and what do we need to do to protect ourselves from further investigation? We were hoping that when Sallie Mae concluded their fraud investigation he would drop it but it only seems to have angered him more and in fact one of my husband's brother's issued a death threat in an email to my husband yesterday. I am so worried for my family's safety at this point and shaken emotionally over the whole situation but want to make sure we are protecting ourselves. Eight years is a long time to go by and finally decide you never cosigned the loan papers. Isn't that past some kind of statute of limitations?
Any advice is greatly appreciated
1 Answer from Attorneys
The fact that he may be responsible does not change the fact that your husband is also responsible. The creditor can seek payment from either or both.