ECFR 215 False Certification Discharge 

Qualifying Loan Types 

• Direct Loans 

Qualifying Origination Dates 

• Loans disbursed in whole or in part, on or after January 1, 1986 

 Requirements 

1. Loans first disbursed before July 1, 2020 

• Borrower must submit a completed application; the factual assertions in the application must be true and made under penalty of perjury. 

2. Loans first disbursed after July 1, 2020. 

• Borrower must submit a completed application; the factual assertions in the application must be true and made under penalty of perjury 
• Must complete application submission within 60 days of payment suspension. 

Acceptable Disqualifying Factors 

1. High school diploma or equivalent. Did not possess High school diploma or equivalent. 

2. Disqualifying condition.  Borrower had a pre-existing disqualifying condition for the occupation for which loan was intended (physical or mental condition, age, criminal record, etc.) 

3. Unauthorized loan. School signed the borrower’s name on the loan application or promissory note without the borrower’s authorization, 

4. Unauthorized payment. School endorsed the borrower’s loan check or signed the borrower’s authorization for electronic funds transfer, 

5. Identity theft. Borrower was a victim of the crime of identity theft and is requesting a discharge. 

Discharge for false certification relieves the borrower of any past or present obligation to repay the loan and any accrued charges and collection costs with respect to the loan. 

In order to obtain a discharge, a borrower must agree to cooperate or provide testimony on behalf of the Secretary in any lawsuits or litigation filed to recover amounts discharged. 

Borrower agrees to transfer to the Secretary all rights of recovery against third parties for the discharged loans. 

Secretary reports the discharge to all consumer reporting agencies for removal.