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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7276
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I owned a condominium that the mortgage company foreclosed

Customer Question

I owned a condominium that the mortgage company foreclosed on December 2015. At that time I had a balance on my association fees. I was put on a payment a monthly payment plan which the balance would be paid off by August 2016. In March of 2016 a judgment was placed against me in the amount of $4775, which as of this point I have not paid.
You should know, that my only income is from social security disability, and as you know I can not be forced to pay the judgment if that is my source of income.
I have two separate questions.1.) Can judgment be placed against me, in March 2016, even though the total amount was not due in full until August 2016? Or is the judgment appropriate since I did not make the monthly payments?2.) I received a letter from the association attorney, not from the court. He is requesting personal financial information including SS #'s, DL#'s, information on all bank accounts including account #'s and banks where the money is being held.
All income including Social Security benefit amount.
Any property that I own including mortgage holder and balance due on the mortgage.
Specific information on all assets including, automobiles, furniture, appliances, stocks, bonds, and cash on hand.
Also, do I have an IRA or pension and if so what are the balances?The attorney is calling this an "information subpoena" and if I don't respond to each question within 14 days that they will immediately apply to the court to have me held in contempt.
This does not seem legal. I understand I owe them the money and if I had it I would pay it off just to get this monkey off my back.
But it also seems to be a violation of my privacy to be forced to give this private and sensitive personal information to this attorney. I also don't like the idea that this information could be shared with the condo association.
Also, my wife and I have received separate letters and my wife is a homemaker and not employed.
I have attached a copy of the 1st page of the letter.
Please advise. Thank you.
Dan.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Irwin Law replied 1 year ago.

is the judgment appropriate since I did not make the monthly payments?
YES IT IS. The HOA can sue for delinquent installments of the debt.

it also seems to be a violation of my privacy to be forced to give this private and sensitive personal information to this attorney.

This is called discover in preparation for execution on the judgment. If you don't answer the questions, the attorney will obtain a court order to compel the answers. All of that information is relevant in collection cases, but you have your state statutory exemptions which I'm sure you are aware of so they still may not be able to collect anything from you. Wake up I ask that you please enter a positive rating for my assistance here.

Expert:  Irwin Law replied 1 year ago.

Hello again. Do you have a follow-up question? I am not an employee of Just Answer and I receive credit for assisting you based on your rating. Please enter a positive rating for my assistance here by clicking on 3, 4, or 5, for which there is no additional cost to you. Thanks again for using JUST ANSWER.

Customer: replied 12 months ago.
I do have a additional question. Sorry for the delay.
My only income is from SS Disability, so I know they can't collect from me.
I am assuming that doesn't make a difference as far as giving the attorney the requested info?
Also, is it illegal for the attorney to share this information with anyone else? Example: condo association president, treasurer, etc.?
I will enter a positive rating.

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