OP here, guess what???
I was playing with the "stolen" phone and found the only phone number on there, so I called it. AND, no surprise, it was stolen back in January in Miami.
So I called ebay to go ahead and pursue it now rather than wait until July 4. Of course, I bought it off of my DH's account and they won't talk to me, but I'll have him call when he gets home.
What will happen with the phone now? Anyone know? I asked the owner if he would be kind enough to unlock it (I would buy it from him) and he laughed and said "For all I know you stole it". He also said he didn't want it back because he has a new phone.