social security number in wrong hands

[Madeinheaven73]

What is the name of your state? California


i'm not sure what forum to put this under so please feel free to correct me.

my husbands ex-girlfriend used his social security number to obtain a preliminary report from our title company. isn't that Illegal? she sent an order over to the title company stating that we were taking out a loan for $200,000.00. she gave them my husbands full name,ssn,address and phone #. she did it all through the loan office she works for. The only reason we found out was because we received a copy of the preliminary report through the mail and it had her name on it as the one who ordered it. we are getting a copy of the order sent to us from the title company. please let us know what we can do legally about this.
thanks for your time!

 

[Ramoth]

The first thing I would do is contact the owner/manager of the loan office and file a complaint.

 

[venus72]

the next thing i would do is file a complaint against her at your local court house for misuse of a ss#. The court clerks should help you with what kind of complaint to file.

 

[JETX]

Your questions were already asked and ANSWERED in your previous DUPLICATE thread at:
https://forum.freeadvice.com/showthread.php?threadid=169487

And the post by 'venus' is not correct. There is no civil violation solely for using someone elses SSN (unless 'damaged') and the court would NOT 'help you' with the complaint.

 

[venus72]

that's funny they have helped me with a similar situation, involving my ss# and my husbands ex-wife. I brought her up on criminal charges and won.

 

[JETX]

"I brought her up on criminal charges and won."
*** Clearly, you do NOT understand the issues.

First, you do not WIN in a criminal matter. That involves the charging agency (usually the state) and the defendant. The process does not involve YOU, so YOU can't sin.

Second, your original advice to "file a complaint against her at your local court house" would only apply to a CIVIL matter. To file a CRIMINAL complaint, you would have to contact the local law enforcement (not court clerk) to file a complaint.

And finally, your statement that the "court clerks should help you" is unlikely, since any specific advice by them would be UPL (Unauthorized Practice of Law), unless the clerk is also a licensed attorney.

Clearly, you are confused about the differences in criminal and civil matters.

 

[venus72]

you do not need law enforcement to file a criminal complaint. You can go to the municipal court house and say so and so punched me in the face and i want to file a complaint for a simple assault. The complaint is sent to to procecuters office and usually sent back to the municipal court with a down grade of the original charge, then the accused gets a "green sheet" in the mail with a court date to appear.. This has been done to me and my husband by his ex-wife more than once. So if i'm wrong then i guess the town and the court system here is wrong too. if madeinheaven has proof of the ex misusing the ss# and filing things in his name there is something she can do. she should file a complaint for identity theft and yes she should probably report it to the police. consult an attorney in your area.

 

[JETX]

"You can go to the municipal court house and say so and so punched me in the face and i want to file a complaint for a simple assault."
*** Though it sounds extremely unusual (in my experience) for you to simply go down to the courthouse and file a criminal complaint with a court clerk (???), that may be fine in New Jersey, but that is NOT the process in California.

 

[venus72]

beleive me that is the way it works in jersey i don't agree with it but it has been done several times by the ex to us. i feel the accuser should have to show some kind of proof, but the police and court clerks say it's up to the person filing to prove the case in court. They have even issued arrest warrants on the "word" of the ex, because she has to swear all is true,befor signing the "green sheet". We are now taking her to court for filing false complaints and false imprisonment. NOW WE HAVE A LAWYER!!! Duh!! should have done that years ago!!!!

 

[Madeinheaven73]

The X- Girlfriend got fired from work and I got a copy of the order she sent to the title company. She opened escrow on our house. She provided this title company with our existing loan # and who know how she got it. She told them we were doing a 2nd Refi. Here is what it looks like.

She got the correct form she needed from the title company, filled it out and faxed it in wtih my husbands info.




Attn: X Girlfriends name

Lender name: Bank (were she worked)

Escrow: XXXXXXX

Address to bank

Phone #: Her direct line

Loan amount: 200,000.000

Please check one: Purchase ( ) Refi 2nd (X) Flag Policy ( )

Borrower: John Doe ( my husband)

SSN# 555-55-5555

Property address: our address

Existing loans:
Bank Loan # XXXXXXXXXXX (our Mortgage loan #)

Who knows how she has our loan #.

Anyway, what I was trying to find out is if we have any legal right to take action for what she did. If not I'm satisfied with her being fired.

 

[JETX]

Okay, I finally figured out what you are talking about when you said a "green sheet" and it being filed at the courthouse.

That is NOT a normal criminal complaint!!

It is simply a personal complaint filed by a victim claiming that another is a 'disorderly person' or 'petty disorderly person'. The 'green sheet' is the formal charge and orders an appearance at the MUNICIPAL court for trial.

If you are charged with a crime of the 1st, 2nd, 3rd or 4th degree, then the municipal court does not have jurisdiction over the case. In order for you to be formally charged with a crime of those degrees, the Grand Jury must convene and, after hearing evidence presented by the prosecutor, vote on whether or not to "indict" you. If you are indicted, then you are "formally" charged. If they vote not to indict, then the matter is "no billed".

 

[venus72]

thanks for clearing that up for me jetx. as for madeinheavens problem ....can't she or her husband file a complaint in CA against the ex?? Isn't this some form of fraud the ex got fired from the loan company. Once again thanks for clearing things up for me in jersey!!!!!good luck madeinheaven.........