Consumer complaint received 2020-10-15
Company: Navient Solutions, LLC.
State: TX
Product: Student loan
Sub-product: Federal student loan servicing
Issue: Dealing with your lender or servicer
Sub-issue: Received bad information about your loan

Complaint:
When I login to my account with Navient, they have taken away every viable option for deferment and forbearance and there is no mention of the administrative forbearance for which this loan falls under still. I also see online that my student loans were put into a graduated repayment plan to end on XX/XX/XXXX. I NEVER signed up for this and NEVER had an knowledge of this before today.

Navient sent a fraudulent loan document claimed that I signed up for it. When in fact they typed up the form forging a signature in a way that I have Never signed my name nor electronically ever in life. Nor can they provide a valid and actual digital data certificate and audit trail for that " supposed signed form '' Navient said : You requested a copy of your original loan contracts. Weve enclosed copies of your Stafford Loan Application and Promissory Notes along with your request for assistance with completing a Smart Loan Consolidation
Application. We assisted you with completing the consolidation application and the enclosed Loan Consolidation Disclosure Statement and Repayment Schedule was sent to you.

I said : It was a more information form that was checked. Still no actual date on it and just because someone asks for more information doesnt mean they are going to do it. Plus there was no mention of an FFELP loan on that more information form. Just asking if I want a smart loan form prefilled with information not guaranteeing I would do it as there was no need to consolidate as I was in school at that time. Not to mention, a signature should never be prefilled when supposed mailed to me.
Navient said : We previously provided your Promissory Note which was signed electronically. It is not a fake form. Electronic signatures are recognized under state and federal law including the Electronic Signatures in Global and National Commerce Act ( E-SIGN Act ), the Uniform Electronic Transactions Act ( UETA ) and the separate laws of the states of Illinois, New York and Washington. As indicated on page eight of your Promissory I Said : As I previously mentioned, I have other student loans and other contracts from over 20 years of both actual and electronic signatures ( which no one can prefill out for me as that would be forgery ). I have never signed using my middle  name nor middle initial on any document EVER! I have multiple documentation including other student loans during that time period to prove every signature is the same. You might have mailed me a prefilled out form ( during that time period it would have been mailed to me as that more information for was requesting to mail it to me but I for sure did NOT sign it ) I can tell by how the signature is done with a middle initial which means it was typed out by someone. Not to mention, I never received the for the supposed consolidated loan promissory note ( including page 8 referenced ).

What is also interesting is that every other form you have during that time period was handwritten except for this one. Not to mention it is missing IP address ( which would have been saved for any electronic signature with date and time stamp and audit trail = a digital data certificate and you dont have it ).

There are a number of e-signature laws across the world, such as ESIGN and UETA, which define what constitute a legally binding esignature. Just typing a name on a form and clicking submit has
several issues that prevent it being upheld in a court of law especially without an actual digital date certificate and audit trail.

So yes that is a fake form that I NEVER signed and again was in school through out that time period so there was no need to  consolidate in XXXX as the loans would have been deferred while in school. And again, I have documentation from other student loan servicers during that time period and the signature are exactly the same.

This one form from you is different from any other form I have ever signed in my life even electronically.

Also, you say my loans are no longer owned by the Department of Education, but you say that they can be discharged by the Department of Education after not being repaid in 20 to 25 years. The DOE disagrees with you as I checked with them. So where is that in writing? Navient ignored this.

Finally, you said you removed a late fee from XXXX but there are additional unexplained fees still on the account that were not removed and still showing due and it should not be. Navient ignored this! But most importantly I never signed that form! I bet whoever typed up that form at Navient to pretend it was mine wished they had looked at my actual signed forms before they forged a signature using information that I never use in any written or electronic signature. They changed it to an FFLEP loan with a graduated payment on their
own without my knowledge nor my signature.

Company response to consumer: Closed with non-monetary relief