Legal Question in Banking Law in California

identity theft

My exwife and I purchased a home in 98 through an fha loan. we sold the home 2002. We are now getting calls from a collection agency stating we owe $8600 for a second loan taken out on the property early 2002, however we never took out a loan.

I sent them a letter stating I was contesting their collection efforts and requested a copy of the loan docs. what I received was 2 pages of a fax. 1st page states pate 22/28 and gives some details of the loan, sec signature page states page 26/28 and has mine and my wifes signature however there are not notary signatures or seals.

we suspect fraud from our loan agent thinking he may have put an additional signature page within our original loan doc package. Since we trusted him we did not read every single line.

We never received any money for this loan, but expected to repay it.

do I have any options?


Asked on 11/06/07, 2:22 pm

3 Answers from Attorneys
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: identity theft

The statute of limitations has run. Have an Attorney send them a letter to get them to stop harassing you.

LEGAL NOTICE: The information presented in this e-mail should not be

construed to be formal legal advice nor the formation of a lawyer/client

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Answered on 11/07/07, 12:35 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: identity theft

The statute of limitations is up. Do not make any payment or agreement to pay, or you could reset the statute and lose any defense to a lawsuit based on the statute of limitations. You have other defenses. Have an attorney write them a letter telling them to go pound sand.

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Answered on 11/06/07, 2:43 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: identity theft

Yes, the burden of proof is always on the creditor, not you. Further, the statute of limitations has expired, if you have not made any payments on this "alleged" debt since 2002. Thus, you should have an aggressive Law Office send them a legal demand/cease and desist letter on your behalf. This should put an immediate end to their harassment. Contact us directly for such affordable assistance.

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Answered on 11/06/07, 2:47 pm


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