> If someone kills someone with my car, and I do nothing, I'm innocent until proven guilty

Yes. That doesn't mean you won't have any inconvenience.

> If a bank mistakenly initiates foreclosure proceedings against me, and I do nothing, what happens?

You're describing seizure. If I walk into your home and steal something and you do nothing, what happens?

The point is that if the bank gives someone a loan in my name, I'll have to prove it wasn't me, it's not the bank who has to prove it was me.

> point is that if the bank gives someone a loan in my name, I'll have to prove it wasn't me, it's not the bank who has to prove it was me

They do. When they file for e.g. foreclosure, they're submitting proof to competent authorities. You're disputing that proof because it's bad proof. But they--and the authorities--don't know that. It looks like regular proof. It's a conventional adversarial set-up. It's just incredibly unequal.

What I'm getting at is this isn't some weird switcheroo. It's how contracts work in general.

I'll have to defer to you, I'm not very familiar with these processes, and I don't want to argue more fervently than my limited certainty allows.

I think you two don’t really disagree, one of you is describing what ought to be and the other is describing how the system is currently rigged, unfortunately.