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Posted: 3/23/2015 5:27:54 PM EDT
Some HOA hired a law firm to collect a debt owed by three people I do not know. They sent two letters, that arrived on the same day, to MY address with these three peoples names on it. Stating they are going to put a lien on MY property is the debt isnt paid in 30-days.

I've never heard of any of these three people, have owned this house for 16 years and know the prior two owners. The three people with the debt have never held any interest in MY property.

Looks like the lawyer did a half assed google search for the female party who has the same middle initial and last name as my wife, but different first name, and assumed it was a match.

How do I proceed? Already tried calling the law firm and got the phone tree and voice mail.
Link Posted: 3/23/2015 6:14:13 PM EDT
[#1]
I would just igrore the letter i mean its not you so what can they do right. This is not legal advice and im not a lawyer.
Link Posted: 3/23/2015 6:15:25 PM EDT
[#2]
Link Posted: 3/23/2015 6:20:45 PM EDT
[#3]
They don't care if you are the correct 'target' or not if you can be made to pay.  Send them a clear, formal (not rude or vulgar) letter explaining that no one on that list has any connection and to stop any more contact with you.  If then they pursue it, you can pursue them.
Link Posted: 3/24/2015 5:48:42 PM EDT
[#4]
Contact your HOA and get on the agenda for their next meeting.  Go to this meeting with all of your supporting documentation.  Ask questions and get answers.  Get your answers in writing!  But whatever you do, do not ignore the letters you received.  In many states HOA’s have super-lien status with right to foreclosure.

Essentially HOA’s are non-governmental organizations with taxing (dues) and seizure rights (liens and foreclosure).   You have to think of your HOA letters in the same category as a letter from the IRS or County Assessor’s Office stating you owe back taxes.  This is super serious and the ball is now in your court to prove the HOA wrong before they file a lien and (possible) foreclosure action against you.
Link Posted: 3/24/2015 9:22:15 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Contact your HOA and get on the agenda for their next meeting.  
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I'm not in an HOA.

My only connection to them is someone with a simular name to my wifes owes them a debt/dues. Im not even in the same county. The incompetant lawyer thinks he "found" her when he found my wife on some half assed google search.
Link Posted: 3/25/2015 11:31:07 AM EDT
[#6]
You don't indicate what state you are in. Many states provide for attorneys fees and other penalties for a false lien.

However, even the threat of a lien sounds fraudulent as if your property is not in an HOA, then usually they have no power to lien your own property until after a judgment is entered.

You may wish to retain an attorney to deal with this.
Link Posted: 3/25/2015 1:42:13 PM EDT
[#7]
Mention 'slander of title' in the letter.
Link Posted: 3/29/2015 6:33:31 PM EDT
[#8]
Since you own the house, I wouldn't take any chances. Consult with a good lawyer before you do anything.
Link Posted: 3/29/2015 11:40:38 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Mention 'slander of title' in the letter.
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Very few lawyers will be scared away by a layperson spewing legal terms
Link Posted: 3/29/2015 11:41:21 PM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Your initial choices are to contact the sender of the letters/HOA or get your own lawyer.

View Quote


+1


Ignoring them is not an option.
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