Legal Question in Real Estate Law in Kansas

If you have a foreclosure filed on your house, and the law firm mails it to your ex-spouse whom you have been divorced from for 7 years, name was never on the house, bought it almost 3 years after the divorce, is this a breach of privacy? Is there any thing that can be done about this?


Asked on 3/29/11, 4:45 pm

1 Answer from Attorneys

Anthony Smith LawSmith

What you described is a violation of the Fair Debt Collection Practices Act( FDCPA) and possilby some KAnsas Cnsumer protection laws. The lawyer that sent that notice to your ex, may be liable to you for the violation(s). However, Kansas is a judicial foreclosure state, so foreclosure law suits are matters of public record. If the lawyer goes ahead and files the foreclosure petition, you may have a hard time shopwing any harm to you, from the mailing of the notice to your ex. But, if you may still have a FDCPA claim. Yu shoudl consutl with counbsel in yru area to examine the specifics facts of your case. Do so soon, as you have a limited time in which to bring your claim.

Good luck

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Answered on 3/29/11, 5:33 pm


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