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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.
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."
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.
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.
If the OP was POA for mom, he/she could have surrendered the property acting as mom's agent. The HOA could have gotten their name and contact information because he/she was mom's POA. However, as others noted, if OP is listed as a legal owner on the deed, then he/she, not just the mom, are also liable for unpaid dues.
If there is a foreclosure and the unit is sold, the finance institution gets paid first, then other creditors. HOAs and condo associations I think have automatic liens on properties for unpaid dues (at least in our state), or they may have filed a lien. The HOA would get paid second, assuming there is money left from the home sale after the loan has been cleared.
From what I understand liens go thru the courts andare expensive. It also depends who is first, second, third. Ex: when on Medicaid, outstanding taxes and bills get paid first then Medicaid.
I am not on the mortgage. Only Mom. HUD has not pulled the deed so it shows Mom is the owner. I am the personal representative. The HOA found me when I gave them her death certificate and informed them I surrendered the the reverse mortgage. The amount is $3147 and at this point I think I would rather pay. It has been very stressful and affecting my health. I reached out to an attorney with no return call. Someone else is helping me today. Thank you all for the answers. I’ll keep you updated.
I understand the stress, but do not pay with your own money. Creditors try to make families cover the deceased's debts if they can, using shame, but it is illegal. It is a bill to your mom's estate, not to you. If there is money left belonging to her, sure it can be paid, but they have to get in line. I had a dead-beat brother who died in debt. I just sent his creditors a copy of the death certificate and told them he had no assets. The IRS took what was left in his accounts. There was no estate, no probate, creditors could pound sand.
Thanks for your answer. Do not pay this you do not owe it. Like said, ask them to send the bill to Moms estate. YOU ARE NOT RESPONSIBLE FOR MOMS BILLS. When you give them the info where to send the bill, tell them then to not call you again. If they do, you will put a complaint into the FTC for harassment.
I worked in credit. That small amount is not worth suing over. It would cost them more to sue. Can't sue you, your not the owner of the home. If the HOA has turned this debt over to a collection company, they are ruthless. There are strict rules governing collection agencies. One is they can't threaten a suit if they won't carry thru. Can't effect your credit rating if your not the owner.
If Mom has no money left, write a letter to that effect. That she died in poverty. If you have actually gotten a letter with what court is handling this then call the court and explain to them that these people are suing the wrong person.
Just a thought, have u ever signed anything with the HOA saying you would be responsible for Moms bills? Did you go thru probate and its now closed. Did u get this bill after probate was closed? Don't think once Probate is closed, they can do anything.
Really, I would get a consult from a lawyer. If by representative u mean POA, that stopped at death. Now the Executor is in charge. Again, this is Moms debt. Not the POAs not thej Executor.
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.
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.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
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I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
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APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
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This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
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You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
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.
"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/
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.
We need more info.
If there is a foreclosure and the unit is sold, the finance institution gets paid first, then other creditors. HOAs and condo associations I think have automatic liens on properties for unpaid dues (at least in our state), or they may have filed a lien. The HOA would get paid second, assuming there is money left from the home sale after the loan has been cleared.
Best of luck in dealing with this situation.
am the personal representative. The HOA found me when I gave them her death certificate and informed them I surrendered the
the reverse mortgage. The amount is $3147 and at this point I think I would rather pay. It has been very stressful and affecting my health. I reached out to an attorney with no return call. Someone else is helping me today. Thank you all for the answers. I’ll keep you updated.
I worked in credit. That small amount is not worth suing over. It would cost them more to sue. Can't sue you, your not the owner of the home. If the HOA has turned this debt over to a collection company, they are ruthless. There are strict rules governing collection agencies. One is they can't threaten a suit if they won't carry thru. Can't effect your credit rating if your not the owner.
If Mom has no money left, write a letter to that effect. That she died in poverty. If you have actually gotten a letter with what court is handling this then call the court and explain to them that these people are suing the wrong person.
Just a thought, have u ever signed anything with the HOA saying you would be responsible for Moms bills?
Did you go thru probate and its now closed. Did u get this bill after probate was closed? Don't think once Probate is closed, they can do anything.
Really, I would get a consult from a lawyer. If by representative u mean POA, that stopped at death. Now the Executor is in charge. Again, this is Moms debt. Not the POAs not thej Executor.
letter to the court stating she was not responsible for the debt.