Hello all. Thank you so much for the answers. I have a meeting with a local attorney next week to look over the summons and lawsuit papers. My son spoke with an attorney this morning and I am not responsible. I am not on any paperwork just listed as personal representative in probate. They made a claim against the estate 10 days before probate was to be finalized. I'll let you know how it goes. IMO don’t let a LO get a reverse mortgage. She lived in fear they would throw her out of her home.
As other's have stated, you haven't provided sufficient information. It would be best for you to talk with and probably engage an attorney, unless the HO Dues owed are less than the amount to retain an attorney.
That being said, if you are certain the property never had your name on it, or had you associated with it other than as an emergency contact, I would contact the HOA and let them know. If they disagree just ask them what information they are basing the suit on. Maybe they will be cooperative. Many associations are run by volunteers who don't know what they are doing legally, and some just go "fishing" for money - either ignorantly or hoping people won't dispute it.
If your Mom's estate is being sued, unless you were joint on her account then it cannot impact your credit rating. Is the HOA suing you personally? If yes, then that's a different story -- and I'm not sure if an in-process lawsuit can impact your credit rating.
"Katy Debt Collection Attorney: Does a Lawsuit Affect My Credit?
Under the Fair Credit Reporting Act (FCRA), the lawsuit cannot appear on your credit report until and unless it results in a judgment. A judgment can remain on your credit report for 7 years, or until the judgment expires, whichever is later."
Yes, if your name is not on the deed, then you cannot be sued. They need to sue Mom or the estate if she was the only one on the deed. Children cannot be sued for parents debts. If Mom is in care with Medicaid paying for that care, she cannot be sued.
We cannot know any of the details of any of this, so I would refer you to an attorney to help you work this out, and work out options.
You should not be being sued for any of your MOTHER'S debts, only for your own. I think you need help and suggest you find it in your area. I sure wish you good luck.
The collection lawyers sent letters to her home. It was vacant for a year. Then served me with a summons 6 months later. I did write a letter to the court stating she was not responsible for the debt.
That being said, if you are certain the property never had your name on it, or had you associated with it other than as an emergency contact, I would contact the HOA and let them know. If they disagree just ask them what information they are basing the suit on. Maybe they will be cooperative. Many associations are run by volunteers who don't know what they are doing legally, and some just go "fishing" for money - either ignorantly or hoping people won't dispute it.
"Katy Debt Collection Attorney: Does a Lawsuit Affect My Credit?
Under the Fair Credit Reporting Act (FCRA), the lawsuit cannot appear on your credit report until and unless it results in a judgment. A judgment can remain on your credit report for 7 years, or until the judgment expires, whichever is later."
https://www.hestonlawfirm.com/news/how-does-a-lawsuit-affect-my-credit/
We need more info.
You should not be being sued for any of your MOTHER'S debts, only for your own. I think you need help and suggest you find it in your area. I sure wish you good luck.
letter to the court stating she was not responsible for the debt.
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