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A Homeowner’s Association has gotten a default judgment against me for a property I never owned and has revealed this

New York, NY |

information to my family member.
In 2005, I lived with my then fiancé in a townhome he purchased in the Minneapolis area of Minnesota. He unfortunately purchased a townhome in a development where the developer abandoned the project, and soon similar units were selling for a small fraction of what he paid. Being completely ‘upside down’ on the mortgage, he rented the property for awhile and then abandoned it in 2008 and it was shortly foreclosed. The last payment he made to the HOA was in 2007. He was the only one that bought this property and we were not married. However, I have now found out that the HOA obtained a Judgement against us just this month. First question – I thought the Statute of Limitations was over. Second question – How can I have a judgment against me for a property I never owned? Third question – the HOA’s collection agency sent this information to my family member, which was embarrassing for me as I had not shared this situation with them before. Do I have grounds to file a lawsuit under the FDCPA? Thank you.

Attorney Answers 4

  1. It sounds like you might. You should contact one of the fine NY AVVO attorneys to go over the facts of your case.

  2. Repost in the Minnesota Avvo section. I foubt the HOA is a debt collector within the meaning of the FDCPA.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

  3. The real question you should be asking is how do they claim to have completed service against you if you were out of state? Improper service would invalidate the action. Contact a lawyer in Minneapolis.

    I do NOT know you. I am NOT your lawyer. This answer is provided for the general public who may have similar queries. The answer provided is NOT definitive. I do NOT know all of the facts of your case and NO attorney-client relationship is established. Please do not use my answer to tell your lawyer what to do. Free advise is worth exactly what you are paying. Trust the lawyer who is charging you for his/her time and expertise. If you can no longer trust your lawyer, then hire someone else. I am always interested in new clients and business opportunities and would welcome your call or email to discuss matters further. For more information, please feel free to visit my website or schedule an appointment.

  4. You should find a Minnesota attorney to vacate the judgment against you either on basis of the statute of imitations or other grounds.. You could have a judgment against you depending on what you signed. Theoretically what you signed was part of the complaint that formed the basis for the judgment. The HOA is probably only collecting on its own account and therefore not a debt collector under FDCPA but more details would be needed to besure that is the case.

    The information contained in this posting is for general information purposes only and does not constitute legal advice. The furnishing of this information does not create an attorney client relationship. An attorney client relationship requires the furnishing, review, and signing of a retainer agreement.

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