I apologize for the delay. By the time you had provided your response I had left my office for the evening.
As I wrote earlier, my goal is to provide you with excellent service. I have been a licensed attorney for more than 3 decades. However, please don't confuse excellent service with a satisfactory outcome based on your wants and desires. I can only explain the law to you---not guarantee that you will be happy with the outcome---any more than a cancer surgeon can guarantee a cure.
Obviously any loans taken out in your name via identity theft are not chargeable against you---because it is the thief who gets the advantage of the loan and not you.
HOWEVER, yours is a very unique situation, and if the loan proceeds of this theft were placed in your own account and you spend some/all of those proceeds, you are legally responsible to pay that money back to the victim of the fraud---in this case the bank.
I know that you will argue that you didn't put the money there, and that when you spent it you thought that it was yours---but that is not a legal excuse under existing law. You are held to a standard requiring you to know what money you should have in your account and if a bank makes an error and deposits money which is not yours into the account, that does not legally give you the right to keep that money. The same thing applies for example, if someone who somehow steals money, thereby committing a crime, and then deposits the money to your account. That is not your money to spend and if you do so, you can be forced to repay the money to the victim of the theft---in this case your bank.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.
I wish you and yours the best in 2016,