Are HOA Liens dischargeable through chapter 7?

Asked over 1 year ago - Chandler, AZ

We are now current on our HOA dues however we weren't from 09-12. The HOA filed a lien against our house in '10 for $340. We eventually ended up owing them $1700, fees included, and are on a payment plan that I understand will be discharged. Does the lien go away too? The amount was never increased to match the final debt.

Attorney answers (6)

  1. Carl H Starrett II

    Contributor Level 16

    5

    Lawyers agree

    Answered . In a Chapter 7, the lien would remain until the debt was paid in full.

    First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy.... more
  2. Michael J Corbin

    Contributor Level 20

    5

    Lawyers agree

    Answered . No. Since there is a pre-bankruptcy lien, it will remain against the property until it is paid off. You certainly will lose any personal liability for pre-filing HOA dues, but it will remain a lien on the property. Also, all fees incurred post-filing will NOT be discharged.

    We can be reached at 507.334.0155 (Toll Free: 888.777.5009). Our web address is: www. corbin-law-office.com.... more
  3. James R Wood

    Contributor Level 7

    3

    Lawyers agree

    Answered . Interesting and all too common question. From the bankruptcy prospective, I agree with the other lawyers who have posted here. So what to do about the lien? Obviously, a homeowner could simply pay the amount and the lien will be released.

    But be careful, in Arizona if the lien is more than $1200 or for a year or more of assessments, the HOA still has the right to foreclose on the lien. It's an unusual circumstance indeed that a homeowner is free of the debt personally but could still lose their home to the HOA's foreclosure.

    In addition, the amount of the lien may be a key to fixing this issue. HOAs, their management companies and the attorneys who represent them make mistakes. Payments may have been misapplied. Some simple math and some advice from an attorney who helps homeowners in this situation may be in order. It's also important to note that some of these lines have unusual language that protect the HOA lawyers who recorded them. The face of the lien may read $310, but after a call to the lawyer for the HOA, the number may be significantly higher. Get some advice on this one!

    This answer is to give information and general understanding of HOA laws. This answer is not legal advice. Don't... more
  4. Diane L Gruber

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . I agree with Mr. Corbin. When the bankruptcy reform act was passed in 2005, HOA dues were singled out for special protected treatment. In other words, the Homeowners Association lobby had powerful friends in Congress. Even if you give up the house, move out, etc., you will still owe HOA dues until the house is foreclosed on AND the title transferes to someone else. Discuss this with your attorney.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more details advice, 503-650-9662.... more
  5. Steven W Zachary

    Contributor Level 17

    1

    Lawyer agrees

    Answered . They can't collect against you but the lien will remain on the property.

  6. William Asa Grafton

    Contributor Level 12

    2

    Lawyers agree

    Answered . No, the debt and the lien both stay until you pay them.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,146 answers this week

2,911 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,146 answers this week

2,911 attorneys answering