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  1. #1
    Join Date
    Sep 2010

    Default Previous Homeowner's Debt

    My question involves collection proceedings in the State of: New York

    I purchased a home and property in April 2009 and the seller at the time was in some financial dire straits (by his own admission). As soon as we moved in and listed our brand new phone number, debt collection calls started coming in for the previous owner of our home. The calls were very aggressive and threatening. I kept a log of all calls (they rarely would say where they were calling from, so it was pretty useless) and even got equipment to record these phone calls. I constantly tried to calmly explain the situation to all the collector's that called, but in the end I had to just change our phone number and make it unlisted as the calls were really abusive and relentless.

    Everything has been quiet since then until this week, when I came home to find a debt collection summons for the previous homeowner on our door. I contacted the collection attorney's office listed on it, explained the situation to an "operator" and she said they would update their records, but I don't have much faith as I have been told that many times by debt collectors over the last 18 months. Today I sent the original summons, with a letter clearly stating that the person they are looking for was the previous owner and does not reside at our address, back to the collection attorney's office via certified mail.

    Other than what I have already done, is there any more that I can do to stop our address from being attached to the previous owner's debt? I am slightly worried that some debt collector is going to attempt to put a lien on our property if they still thinks the previous owner lives here. Is that even legally possible (I have no idea)? Any advice on how to proactively protect myself while dealing with this mess would be appreciated.

  2. #2
    Join Date
    Sep 2010

    Default Re: Previous Homeowner's Debt

    There's no "attachment" to the other owners debt. All that is happening is a process server is following the procedure for service when personal service can't be met. They can't lien your property except for items related to the property (i.e., he didn't pay the roofer or whatever).

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