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.
Real Estate Attorney
It sounds like you might. You should contact one of the fine NY AVVO attorneys to go over the facts of your case.
Criminal Defense Attorney
Repost in the Minnesota Avvo section. I foubt the HOA is a debt collector within the meaning of the FDCPA.
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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.
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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.
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