This was done last august. He had no knowledge of it and was upset when his house mate reminded him that he did in fact sign the paper (the driver is her best friend. We (his daughters are now stepping in as he has come to terms with the fact that he needs our oversight financially and healthcare wise. Can we ask the son to sign anything do that the sallie mae loan is reverted back to the boy. My father did this he thinks because he was talked into it so the boy could get a lower interest rate. Is there anything we can do? My father us going to need that money or he will pass and his estate will clearly end up paying for it. That was not my fathers intent.
alcoholism, both.
It seems like he was taken advantage of, possibly by the housemate (is she his romantic partner, too?) conspiring with her best friend to get a loan for best friend's son by having your dad co-sign either while under the influence of alcohol, or feminine wiles, or just flattery along the lines of, "Oh, you're so helpful! Sonny Boy is so grateful! You're so kind and wonderful! Bless you!"
This kind of thing happens way too often to elderly people. The guy who cleans out the gutters and mows the lawn borrows $100 "until a week from Friday" and never pays it back. The daughter of the woman who comes in to clean house is short on her rent this month, and mom moans and cries to elderly homeowner, who offers to make up the difference. That money, too, is never repaid.
Implicit in many of these transactions is the unspoken threat that the person who asks for money will no longer come around and help out if the "loan" isn't forthcoming. It's really a shame, and it happens all the time.
I doubt your dad can rescind his signature on the loan at this point, if he hadn't been judged incompetent before he signed. .
If there are any doctor's notes that he was not of competent mind to handle legal and/or financial affairs at the time, you might have a case on that basis.
I haven't read any Sallie Mae loan documents but a loan package typically requires acknowledgment that the mortgagors are actuing under their own free acts and not under duress, and that they understand the terms of loan. It seems that wasn't the case with your father.
This may be like asking politicians to be honest, but it's worth a try: see if you can quietly get a copy of the loan documents from Sallie Mae; if he's a co-signer, he should have them, but he may not remember that he does.
Tell Sallie Mae they've been misplaced and don't go into any of the details of the signing. Then read them to see if there are any representations made in signing that could be refuted if your father was documented by doctors as having comprehension issues. If so, that's the time to see an attorney.
Was there any kind of face-to-face closing when the loan docs were signed?
Another possibility is to check with your community or your father's senior center in his community to determine if they have free legal counseling for seniors. Many cities in our area do, weekly or biweekly. Pose the issue and see what suggestions, if any, you get.
I keep thinking that there is some other way of dealing with this situation but just can't think of it right now.
In the meantime, what's the real deal with the house mate whose best friend is the driver whose son got the loan? Sounds like there's some collusion going on there.
Maybe it's time to find a new driver and get rid of the house mate? Do you think there was undue influence on the house mate's part?
I have a really unsettling feeling about this house mate and what else might be going on. It seems to me that she acted out of her own self interest and wouldn't surprise me if she and the driver colluded at some time or other to scam your father. Sorry to be blunt, but this relationship between the house mate and the driver is just raising red flags all over the place.
Sure wish I could suggest something to set your mind at ease though. Something similar happened to my father, although a much smaller amount, and I was just livid. I was able to take some action, but I still steam when I think about how a scumbag scammed him out of some money.
My mother had a worthless woman who cleaned house (if you could call it that) and drove her places. She learned my mother was a soft touch and "borrowed" money from her several times. $500 here, $500 there. What a scuzbucket this woman was. Of course, no attempt was made to pay back or work off the debt. She was just a crook that preyed on the elderly. There are plenty of them out there.
I do not know how the Sallie Mae loan issue will play out. How much longer will the son be in school? What are the repayment conditions? How old is your father? Was he competent and under no duress when he co-signed the loan? The biggest question is how responsible will the young man be when he finishes his school and what was the size of the loan?
I wish banks would stop letting elderly people co-sign things unless someone is related to them, but I know it is hard to do if someone seems competent.
Angel
Who's the driver and who is the driver driving around?
"The driver is her best friend" who's best friend and who is "her"?
I don't really understand what you've written but I think you're wondering if your dad can opt out of a loan he signed on behalf of someone else, that maybe your dad was duped into signing it.
If your dad took out a loan to help someone else, if he co-signed a loan to help someone else, there's nothing he can do about it. The son signing anything that states your dad is not liable for the loan wouldn't make a difference. Dad signed on the dotted line, I'm afraid he's stuck.