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Is there legal aid in Kentucky? (Ex used our then 4 year olds identity to get a house and mortgage. He went to jail, got out last year and did it again and the mortgage is from the same bank. I lost my house and went bankrupt last time from the mess and I don't want it to happen again) Thank you (self.legaladvice)

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[–]TheATrain218 64ポイント65ポイント  (2子コメント)

To directly answer your question: yes, it appears there are many different legal aid offices in Kentucky. The Kentucky bar has a webpage to direct your inquiry to here.

I also highly recommend spending time with /r/personalfinance' "identity theft" page, located here, and following its advice. Use it from the perspective of your child whose identity has been stolen, now for the second time.

Number 1 priority is to go to the police and report the crime which has been perpetrated against your son. See the link above for the stepwise approach to solving identity theft issues.

Go ahead and get the kid a new SSN, too. Unfreezing the kid's credit is supposed to be nigh on impossible without the PIN that was sent to you when you froze the credit the first time. Somehow, the ex gamed the system; while it is not your responsibility to investigate the crime or teach the bank how to improve their systems, it absolutely is your responsibility to figure out what pieces of information you need to change so that the ex no longer has valid identity theft material when he gets out of jail next time.

[–]itsthevoiceman 0ポイント1ポイント  (0子コメント)

Considering that the same bank permitted this to occur twice, can they be held liable or even sued for damages? Or some kind of recklessness. Isn't it their responsibility to NOT let this kinda thing happen?

[–]BUBBLYSTRING 161ポイント162ポイント  (23子コメント)

Why did this cause you to go bankrupt and lose your home? "He's 4" wasn't enough to invalidate the transaction?

[–]systemstheorist 94ポイント95ポイント  (1子コメント)

"He's 4" wasn't enough to invalidate the transaction?

If a mortgage is applied and approved under fraudulent misrepresentation it is considered null and void. OP's husband paid a down payment but the bank would have paid for most of it. The bank has a slam dunk for a foreclosure proceeding. The bank would then attempt to recoup their losses by selling the property. Willing to bet that they may have tried attempted to recoup their losses directly from OP as well.

Then not to mention the potentially lawyers fees involved it is not shocking that OP had to declare bankruptcy.

[–]kentuckylegalaid[S] 124ポイント125ポイント  (19子コメント)

The legal fees I spent trying to get it sorted out pushed me over the edge. I was was already on the brink from the divorce because my ex had taken out extra mortgages on our marital home and run up some gambling and credit card debts behind my back while we were married. So with my part of that debt, the money I owed to lawyers from my divorce and the first custody case and the money I had to pay to other lawyers to untangle the mess he made with my son's identity and make sure he didn't have visitation rights in jail, I was over a quater of a million in debt. My ex is also in arreas for child support. Bankruptcy was my only choice.

[–]jmurphy42 161ポイント162ポイント  (0子コメント)

You should absolutely contact the SSA and try to get both kids new SSNs. Repeated identity theft by a parent is likely enough to do it.

[–]BUBBLYSTRING 65ポイント66ポイント  (17子コメント)

Why did he do this again when he got out of prison? Is he mentally ill? You'd think the same bank would have some responsibility not to allow this to happen twice to the same people or at least not put you through an expensive process they know from the last time will ultimately work in your favor.

[–]kentuckylegalaid[S] 82ポイント83ポイント  (16子コメント)

I know he did it to punish me or make my life difficult. There's a no contact order for me and our kids and this is him inserting himself in our lives again. I don't know why the bank let him do it again but I am just getting on my feet after the bankruptcy and it's almost off my record. My kids are old enough to understand more things now and I don't want them to see the affects of this and I don't want more legal bills or bankruptcy.

[–]BUBBLYSTRING 106ポイント107ポイント  (14子コメント)

I wonder why your 4 year old's suspicious lack of credit history in any way allowed your ex to procure a mortgage. Twice... . From the same institution. I mean, "no credit" is not "good credit." Especially regarding a mortgage loan. I really want that bank to have some fault here if can't tell.

You should freeze that baby's credit.

[–]kentuckylegalaid[S] 93ポイント94ポイント  (13子コメント)

I had his credit frozen after it happened and my ex had it unfrozen. My son is 11 now but the bank still gave him a mortgage again. I don't understand how this could happen again. It's a well known bank and it was the same location as last time even. I froze his credit again but it's too late. My daughter's is still frozen and is fine.

[–]BUBBLYSTRING 128ポイント129ポイント  (9子コメント)

I hate your ex.

[–]vasion123 69ポイント70ポイント  (8子コメント)

I hate your ex even more, it took me weeks of hassle with the bank to secure a loan which I had a 30% down payment for, and flawless credit back when I bought my house. WEEKS of them questioning my everything and anything and here they give a loan to an 11 year old.

[–]addakorn 35ポイント36ポイント  (3子コメント)

I would like to know what bank it is...for research purposes only of course.

[–]BabaOrly 19ポイント20ポイント  (2子コメント)

I would also like to know so I know who never to bank with.

[–]thascarecro 7ポイント8ポイント  (0子コメント)

Now if it makes you feel any better this is the internet. No real proof that this is legitimate.

[–]WeylandTheDwarf 0ポイント1ポイント  (0子コメント)

It is my understanding that weeks is a standard regardless of how good a candidate you are.

[–]Goregoat69 0ポイント1ポイント  (0子コメント)

It's pretty easy to meet requirements if you're not bothered about the truth.

[–]TYFPBc6Zp8xS 24ポイント25ポイント  (0子コメント)

So sorry this happened. I wonder if you could get the kids' SSNs changed.

[–]wolfofone 7ポイント8ポイント  (0子コメント)

How was he able to unfreeze it without the code? How did he have enough documentation to mail in to them to get around needing the password?

[–]Mock_Womble 3ポイント4ポイント  (0子コメント)

From the UK, so I can only really offer commiserations and a heartfelt wish that your ex even walking into a bank was a reason for arrest.

However, I have to say it...it terrifies me that this is possible! I bought a desktop PC on finance over here last week, and I thought they were going to ask for blood samples before they let me take it away.

Is there no legal recourse against the bank responsible for this? I'm fairly sure that over here you could sue them to within an inch of their life for allowing this to happen. It feels so completely morally wrong that you had to foot the bill for this in the first place, let alone a second time - I really feel like the bank concerned should be taking the hit, not you!

On the bright side, I imagine your ex will be back in prison very soon. He's clearly not a smart man. :/

[–]wolfofone 2ポイント3ポイント  (0子コメント)

Are you in a state that allows freezing your child's credit report? If so you really need to freeze your son's credit and yours.

[–]AllstarSquad 5ポイント6ポイント  (0子コメント)

Unless it was paid in lego's, I'd assume this would be enough.

[–]kept_clean 33ポイント34ポイント  (0子コメント)

Yes, There is! it depends on your county. What county are you in? My fiancee works for one of the Legal Aid offices in KY as a clerk right now.

[–]ChemPossible 84ポイント85ポイント  (0子コメント)

You should also talk to the DA who prosecuted your ex to see if they have any leads

[–]Onthebriteside 23ポイント24ポイント  (1子コメント)

I feel like there should be some way to sue the bank for negligence? Now there stupidity and lack of protocol is costing you and your children for the second time?

[–]justarandomcommenter 14ポイント15ポイント  (0子コメント)

If she phones a lawyer for a consultation, she'll find out very quickly if she can, because any lawyer would take a "slam dunk" like you're describing in a heartbeat. Based on previous posts here and on personalfinance, I'm going to say that even with a police report and the child's birth certificate, it's probably not that simple.

[–]monkeywelder 5ポイント6ポイント  (0子コメント)

Contact his Parole Officer. If he is worth his salt that should be all you have to do.

[–]-CyberGhost- 6ポイント7ポイント  (0子コメント)

There should be a local legal aid society where you live.

[–]darkrelease 2ポイント3ポイント  (0子コメント)

Have you gone down to the bank already and discussed it with a manager in person? How long ago did he secure this loan?

[–]BumblingHypotenuse 1ポイント2ポイント  (0子コメント)

I would be interested to know if you could sue the bank for putting it through a second time.

[–]rudderusa 1ポイント2ポイント  (0子コメント)

So your kid owns a house? If there is equity sell the house.

[–]Cr3X1eUZ 1ポイント2ポイント  (0子コメント)

What bank? I really hope I don't have am account there.