Full question:
I'm a victim of false certification. I received a students loan in 1978; I became aware of this loan in 2007. I put in an application for loan discharge in and was told since I had a loan before 1986 I do not qualify. Under education law, 20 U.S.C SEC1087(C) (1) there is no time frame. Can you please help me out with this? Is there a time frame?
- Category: Criminal
- Date:
- State: New York
Answer:
SECTION 6: TERMS AND CONDITIONS FOR LOAN DISCHARGE BASED ON FALSE CERTIFICATION (ABILITY TO BENEFIT)
. I received FFEL or Direct Loan program loan funds on or after January 1, 1986, to attend (or, if I am a PLUS borrower, for the student to attend) the
school identified in Section 2 of this form. Those funds were either received by me directly, or applied as a credit to the amount owed to the school.
. I will provide, upon request, testimony, a sworn statement, or other documentation reasonably available to me that demonstrates to the satisfaction of
the Department or its designee that I meet the qualifications for loan discharge based on false certification (disqualifying status), or that supports any
representation that I made on this form or on any accompanying documents.
. I agree to cooperate with the Department or its designee regarding any enforcement actions related to my request for loan discharge.
. I understand that my request for loan discharge may be denied, or my discharge may be revoked, if I fail to provide testimony, a sworn statement, or
documentation upon request, or if I provide testimony, a sworn statement, or documentation that does not support the material representations I have
made on this form or on any accompanying documents.
. I further understand that if my loan(s) is discharged based on any false, fictitious, or fraudulent statements that I knowingly made on this form or on any
accompanying documents, I may be subject to civil and criminal penalties under applicable federal law.
. I hereby assign and transfer to the Department any right to a refund on the discharged loan(s) that I may have from the school identified in Section 2 of
this form and/or any owners, affiliates, or assigns of the school, and from any third party that may pay claims for a refund because of the actions of the
school, up to the amounts discharged by the Department on my loan(s).
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