Legal Question in Real Estate Law in California
If an HOA is threatening to forclose on my home for past due assessments, and I am current on my mortgage, can a bankruptcy attorney help with stopping this process as I file for bankruptcy?
3 Answers from Attorneys
Filing for bankruptcy may delay the foreclosure but a secured creditor, as the HOA is, is not discharged in bankruptcy.
I agree. Filing bankruptcy will result in an "automatic stay" of ALL collection and enforcement activity against you....HOWEVER, any creditor can go into court and ask for relief from the automatic stay, which will usually be granted in favor of a secured creditor such as an HOA or a lender under a note and deed of trust. If a few weeks or months would allow you to get your financial act together, it might be worthwhile to use bankruptcy in order to gain the time. Otherwise, don't file BK just to forestall the HOA.....use it only if you are truly bankrupt and need widespread relief against a variety of creditors and related problems.
I agree with the previous responses, but also would like to point out that you may want to repost this question in the category for bankruptcy attorneys to answer.
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