served with fraudulent LLC created by someone in my name.

[RR1984]

NY

I used to own a townhome in Long Island and I had to evict the renters/professional squatters. By the time I was able to evict them after all their legal maneuvers they owed me $8000 but I got a judgement for around $6000. We've never seen the money.

Today I got served in Las Vegas where I moved 7 years ago, 7 years after we evicted those people, for a foreclosure in some town I in Long Island I have never been to. The Foreclosure is under the name of the old renter and a LLC in my name.

Why is my name on this? How could they do this? I was amongst a dozen of crediters waiting to be paid back so how can they get a mortgage? Is this identity fraud? Am I liable for anything? Or do I just tell the attorneys for the mortgage company that I have nothing to do with this?

Thanks

 

[Zigner]

You should contact an attorney about this matter.

 

[LdiJ]

You should contact an attorney about this matter.

And check your credit report with all three credit reporting agencies. If they bought that house using your personal credit at all, then you may be needing to contact the police in their area.

 

[adjusterjack]

Or do I just tell the attorneys for the mortgage company that I have nothing to do with this?

Couldn't hurt to call the attorney on the mortgage papers and ask why you or your LLC is listed.

 

[RR1984]

Couldn't hurt to call the attorney on the mortgage papers and ask why you or your LLC is listed.

Thank you, I wasn't sure what the right procedure was but if I can just call them, I'll do that.

 

[RR1984]

And check your credit report with all three credit reporting agencies. If they bought that house using your personal credit at all, then you may be needing to contact the police in their area.

Thank you, I am going to get a lawyer but I want to make sure I am on the right track. I don't understand how they would get my information. My credit report as of yesterday is very good, I'm in the process of buying a home, but I'll check if this home is under my name. Thanks

 

[bcr229]

Have you gone to the NY Secretary of State's office to look up the filing info on the LLC to see when it was created, the registered agent, list of members, etc? Some states make copies of the actual filings available for download. You can find out when the LLC was created, and if you can download the docs see if the signature on the paperwork matches your own, etc.

Also maybe someone else can answer this: I've been through several mortgage closings & refinances and each time I had to show ID to prove who I was. Is this not the case when the borrower is an LLC?

 

[quincy]

... Also maybe someone else can answer this: I've been through several mortgage closings & refinances and each time I had to show ID to prove who I was. Is this not the case when the borrower is an LLC?

This would also appear to be the case for LLCs in New York now, as of September 2019. Amendments to New York City’s Administrative Code and New York State’s tax laws now require full disclosure of the identities (names and addresses) of every member of an LLC that sells or purchases residential real estate. It was possible prior to the passage of these amendments for members of LLCs to remain relatively anonymous.