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  1. #11
    Join Date
    Sep 2005
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    98,846

    Default Re: Eviction Case Filed Under My Name and I'm Not the One Being Evicted

    Quote Quoting flyingron
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    Yes, not only was it proper to name you, it's well advised. You were the one allowing the "tenants."
    It will go away once the case is dismissed.
    Quote Quoting harold327
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    What about the public record? I don't believe that will ever go away? is there anything I can do?
    Quote Quoting flyingron
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    What public record? Most of the dockets go away after the case is disposed of. What are you concerned about?
    To be clear here, the court will maintain its records, including the names of the parties, but although court records are public records it is unusual for people to do any sort of deep dig to research the content of an old court file.

    What is likely to appear on a credit report is a money judgment or judgment of eviction. As it does not appear that there is yet such a judgment, assuming that the issue is now resolved you can probably get the HOA to agree to dismiss the lawsuit as part of a settlement of the case. If the case is dismissed, such that no judgment is entered, there will be no money judgment or judgment of eviction that could appear on your credit report.

  2. #12
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Eviction Case Filed Under My Name and I'm Not the One Being Evicted

    Precisely. I contend that the case will disappear from most public searches in short order. Yes, the judgement would have been a problem. That's why I was asking him just what he was concerned over.

  3. #13
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Eviction Case Filed Under My Name and I'm Not the One Being Evicted

    I'm not convinced that this is an eviction case from what has been posted. It may well be a complaint in forcible entry and detainer with a right to possession.

    When a unit owner violates the covenants, they well may lose the unit.

    llworking says that it is a breach of contract issue, It very well would not be.

  4. #14
    Join Date
    Sep 2005
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    98,846

    Default Re: Eviction Case Filed Under My Name and I'm Not the One Being Evicted

    The fact that the OP repeatedly identified the lawsuit as an eviction case stands as pretty good cause to believe that it is an eviction case.

    Quote Quoting budwad
    View Post
    It may well be a complaint in forcible entry and detainer with a right to possession.
    Which would be how courts in some states describe eviction actions.

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