Consumer Fraud Fraud

[henry39]

In 2007 an employee of Washington Mutual offered us several times refinance, until finally we refinanced in Jan. 2007, we were supposed to reduced our monthly payment and were going to receive about $43,000. cash out. In 2010 we found out that escrow had delivered the $43,000. check to the loan officer. Apparently she cashed the check, we went to chase bank and complained last december, just now we were told there is nothing they can do because the case is over 3 yrs. We do not have money for an attorney. Is there anything we can do, is it true the statue of limitations is over? Thank you

 

[mightymoose]

It is not necessarily true. The clock starts on the statute of limitations from the time the crime was discovered, not necessarily when it occurred. In this case, the theft would most reasonably have been discovered in 2010... if you did not know it in 2010 you may have a hard time explaining how you did not know until now.
Anyway, from the bit of info you give, I believe the clock started for you in 2010 and you are still within the limitation.
If you have not done so you need to speak with an attorney, and you need to report the theft to the police. The bank will be much more likely to pay up and cooperate when they are having to pay their own legal fees.
At any rate, don't let the bank try and tell you what the statute of limitations is, and don't rely on me either... make a criminal report for the theft and speak with an attorney you trust (if such a creature exists).