Legal Question in Real Estate Law in California
Should our HOA pursue recording a lien against an owner (for unpaid dues and assessment expenses) if her unit's auction date is scheduled to take place within a couple of weeks? Can we start to pursue the lien (if) after she files for bankruptcy?
Asked on 6/22/10, 1:25 pm
2 Answers from Attorneys
Terry A. Nelson
Nelson & Lawless
If you don't file the lien, it is not effective against auction/sale. BK will wipe out the lien and debt for all practical purposes. You can file a Claim in BK court if she files.
Answered on 6/22/10, 4:53 pm
Anthony Roach
Law Office of Anthony A. Roach
Once she files bankruptcy, you are forbidden from taking action to enforce the lien, or maintaining any suit against her, unless and until you obtain relief from the automatic stay.
Answered on 7/01/10, 2:11 pm
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