Legal Question in Real Estate Law in Georgia

Here are the facts:
Wife and I were separated in late 2008. Due to a long drawn out divorce, neither of us paid homeowner's dues from 2009 to 2011 (due in December of each year). Divorce finalized in February 2010. House foreclosed on in early 2011 (February or March if I recall) and eventually sold by bank. Both of our names remained on the mortgage until the end and despite the divorce. Lawsuit was filed by HOA about a year and a half ago. They tried serving me at a relative's house. I haven't been personally served yet. Ex-wife remarried and living out of state currently. I'm remarried also.
Question are: 1) Since we are both named in the lawsuit, would I have a defense if I were served with the lawsuit....that she must also, by law, be served before they can proceed? 2) Does the 4 year statute run from the last payment due date (December 2011) and, if so, although suit was filed within the SOL, is it still a viable lawsuit if I'm not served within the SOL? To be clear, I am NOT hiding from anyone, but I sure as heck am not going to go to the courthouse in the county where we used to live and sign for the lawsuit. Georgia law applies here, also. Thanks.

Asked on 9/15/15, 1:59 pm

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

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1) No, they could still proceed against just you.

2) The SOL only applies to when the action is filed, not when a defendant is served.

www.macgregorlyon.com

Answered on 9/15/15, 2:02 pm

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