September 2010, I dicovered 2 loans at my bank account that had me & my wifes signature at the time of the loans back in 2002 & 2004. Both loans were noterized that I signed the loans. The power company that I work for shows that I was working from 6am-6pm on those dates. The money was quickly removed in cash. We divorced in 2007, and she moved in next door and married the neighbor in 2008. My credit is low because of the $36,000.00 owed on these 2nd mortgages when it foreclosed. Do I file a Civil claim on my ex, bank, and notary? I never knew of the 2 loans, because they had the same loan #. The payment was automaticaly withdrawn by the bank every month. Do I have a case? Two hand writting experts both agree that the 2 loans are not my signature.
Hello, the strict answer to your question is that the Indiana statute of limitations for fraud is 6 years. However, Indiana recognizes the so-called "discovery rule" which allows suits to be brought within the statute of limitations from the discovery of the injury. The test for the discovery rule is whether the injury could reasonably have been discovered during the statutory period. Based on what you have written, your ex-wife forged your name on two loans and took the money.
Unfortunately for you, payments were being withdrawn. You will have to prove that not only did you not know about the loans, but that a reasonable person could not have learned of them when the payments started to be drawn from your account (presumably more than before the loans were taken out.
It may be possible that you could adjust the divorce decree and post-divorce obligations (if any) between you and your ex-wife based on this knowledge. You need to consult a family lawyer for this point.
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