Legal Question in Credit and Debt Law in Missouri
My father filed for a loan more than 8 weeks ago with a local branch bank. The loan was passed/approved. Two or three days before signing, the bank called stating there was a $9,900 credit bill against my mother. It turns out that the $9,900 credit bill was for another woman with the same name as my mother. The mistake was the fault of our county courthouse, where they apparently did not even bother to use a social security number. It went directly to the bank and made it look like it was my mother's mistake. This has caused a great deal of grief and stress. The loan was to pay off several bills, including collectors. Since it did not go through as planned, there are additional charges added onto all of these bills and they are wanting to prosecute my parents for these issues. We do have proof that the loan went through until that matter came up. Is there any way we can file a lawsuit against the bank or the courthouse for all of this? They are on the verge of losing everything they own, their home and vehicle included due to this. They may have to file bankrupt due to this situation and this is the last thing they want to do or feel that they are forced into doing. There has to be some kind of justice.I might also add that my father is handicapped (missing a leg) and he does not need this added stress.
1 Answer from Attorneys
Why don't you talk to the lender and see whether they will go ahead with the loan after you prove to them that the judgement was not against your mother? You could do this by obtaining a certified copy of the court file which would show the other womans address, and presumably you could prove that your mother did not live at that address at the time that the other woman was eerved with the lawsuit.
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