Legal Question in Bankruptcy in California

HOA Lien after BK

As a followup,

Does that mean that the HOA can still foreclose even if the past due amount has been discharged? How does a lien survive if the amount of the lien had been removed through discharge.

I have paid all the dues since filing. Also should I files the amendment to add the debt? My BK has been declared No Asset by the trustee


Asked on 4/21/09, 12:46 am

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: HOA Lien after BK

You need to make a motion to remove the lien in BK court. Contact me directly.

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Answered on 4/21/09, 12:20 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: HOA Lien after BK

Yes. A chapter 7 bankruptcy cannot remove and HOA lien. If you do not pay up, they can foreclose. California state law allows an HOA to file a lien for unpaid dues and there is not provision in the bankruptcy code to remove the lien. The discharge means that they cannot sue and get a judgment.

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Answered on 4/21/09, 12:50 am


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