Windsor Mill, MD asked in Real Estate Law for Virginia

Q: My brother passed away Oct 2010 and his home was in his name. His HOA put a judgment in my name in 2012. Is this legal?

I've had no deals or business in that house. It was 2 states away. The house was foreclosed on Feb 2012. The judgement is for $1500. They sent me a statement yesterday for $5000. I have an old detailed statement with my brothers name. I am in the process of buying a house and need to know if I should settle or dispute the charge

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2 Lawyer Answers
Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Virginia

A: You should have a lawyer review this. If you have no more connection to this debt than that the debtor was your brother, that is insufficient basis for collecting against you. Only in folk music are you your brother's keeper.

John Andrew Maghamez
John Andrew Maghamez
Answered
  • Richmond, VA
  • Licensed in Virginia

A: You need to speak with an attorney about this. On the surface from the facts you gave us you should not be liable for your brother's debts. However, if you inherited the house through his will or intestate then you may be liable. You definitely should dispute the charge otherwise

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