EduPulse › Loan Fixes › Loan taken out in my name — identity theft
Loan taken out in my name — identity theft
The answer: there is a real legal lane for this. "Loan taken out in my name — identity theft" proceeds as a Federal false-certification discharge (34 CFR §685.215). If granted: the loan (or the unauthorized payment) is wiped — balance, accrued charges, and collection costs — with refunds of amounts paid, default status removed, and adverse credit deleted (34 CFR §685.215(b)). The packet is your statement of facts + the evidence checklist for the ED application form.
The legal basis, verbatim
34 CFR §685.215(a)(1)(v): eligibility certified "as a result of the crime of identity theft committed against the individual"
34 CFR §685.215(c)(6): identity theft = unauthorized use of identifying information punishable under 18 U.S.C. 1028, 1028A, 1029, or 1030, or comparable state/local law
What winning gets you
- Full discharge of the loan, accrued charges, and collection costs (34 CFR §685.215(b)(1) / §685.214(b)(1))
- Reimbursement of amounts already paid, voluntary or collected (§685.215(b)(3) / §685.214(b)(2))
- Default status removed; Title IV eligibility restored (§685.215(b)(4) / §685.214(b)(3))
- Adverse credit history deleted at every consumer reporting agency ED reported to (§685.215(b)(5) / §685.214(b)(4))
The documentation checklist
- Evidence menu from 34 CFR §685.215(c)(5)(iii) — any of: a judicial determination of identity theft; an FTC identity-theft affidavit; a police report alleging identity theft; disputes filed with at least three major consumer reporting agencies; other evidence acceptable to the Secretary
- Certification that you did not sign the note and did not knowingly receive/benefit from the proceeds (§685.215(c)(5)(i)-(ii))
What they may say — and the reality
- ED checks whether you benefited from the loan proceeds — address any disbursements to you directly and honestly
- ED weighs your statements against school records, guaranty agencies, accreditors, and other sources (34 CFR §685.215(d)(4)) — the packet must be factually exact, never inflated
Engine notes
- Application is on an ED-approved form, under penalty of perjury (no notary); collection is suspended while it is pending; you get 60 days to return the form once ED provides it, and one 30-day window to fix an incomplete application (34 CFR §685.215(d))
- No filing deadline exists for the borrower's own discharge application — ignore anyone selling urgency (34 CFR §685.215/§685.214 contain none)
- File the FTC affidavit at identitytheft.gov and the CRA disputes FIRST — they are free and form the evidence menu the regulation itself lists
- [GAP] loan_type not supplied — screens assume a federal Direct Loan; check your loan type at studentaid.gov (private loans have NO federal discharge rights)
For AI agents & developers — deterministic lane routing with regulation-level citations and deadline math, pay-per-call (x402 USDC, no account):
GET https://edupulse.theaslangroupllc.com/api/loan/fix-check?issue=school_closed&closure_date=2025-11-14&withdrawal_date=2025-08-01 — $0.50
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Generated 2026-07-08 by EduPulse (The Aslan Group LLC) from the same source-cited legal reference data our paid engine uses (34 CFR §§685.214/685.215/685.219, eCFR issue 2026-07-06; Cal. Civ. Code §§1788.100–1788.106). Informational, not legal advice. We never request FSA credentials and cannot expedite federal processing. Contact: info@theaslangroupllc.com