Legal Question in Real Estate Law in California

I have owned my home for 8 years was never late recession wiped out my savings last year.

I just got a lien notice from my HOA. I owe 9 months $263, with atty fees it's almost $1100. My home loan is $375K, home value is $185K. I have not paid my mortgage in 12 months, it's being reviewed for HAMP. I have lost 90% of my life savings in this recession from hardships that include a mother with cancer and massive reduction and lost of income.

What I'm left is have a small income (less than $10,000/yr) from self employment. This is only enough to pay for utilities and food. I have about 10K in my 401K down from $110K 5 years ago. They charge 25% penalty to draw from it. I will need this little bit of funds to get into a new rental unit when I lose my home.

I cannot find work, I am 52 and in poor health. The stress of losing all I had has caused me to have heart problems. I have no health insurance.

I am afraid my HOA will put a lien on my checking account &/or my 401K and take what little I have left. Can I file BK to wipe out all debt including HOA dues? What are the HOA's legal options? How do they expect to get anything if I am so upside down on the house. Do they hope my lender will pay it?

Please advise, my HOA is Laguna West in Elk Grove, CA


Asked on 12/09/10, 9:33 pm

2 Answers from Attorneys

Gary R. White Burton & White

You need to consult with a bankruptcy attorney immediately and stop wasting your time trying to get free answers to legal questions.

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Answered on 12/15/10, 1:10 pm

You are a classic case for bankruptcy. Call a bankruptcy attorney immediately.

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Answered on 12/15/10, 2:23 pm


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