Skip to main content

Can an In rem lien be converted to an in personam lien by a judgment issued by a court?

San Juan Capistrano, CA |

A law firm that represents HOAs filed an in rem lien against me several years ago. I recently had a Chapter 7 BK and my in personam debt was wiped out. Even so, the law firm immediately tried to foreclose on me on the day after my Chapter 7 BK was discharged. In CA, BKs do not wipe out in rem liens. This law firm had previously obtained a judgment against me, in state court, for the same lien. This judgment was invalided by the US Bankruptcy Court. Included in the judgment is a statement that I am “personally liable for payment of the sums secured by the [in rem] lien, and plaintiff shall recover from said defendant any deficiency between the sale price and the said amount due plaintiff, together with expenses of sale.” Did this judgment convert the in rem claim to an in personam one?

Attorney Answers 1

  1. You are asking the wrong question. It appears the HOA actually did foreclose by way of judicial foreclosure so that they could obtain a deficiency judgment against you, personally. If you filed a Chapter 7 after the foreclosure and the BK court “invalidated” the judgment it would appear you have no personal liability under it. However, if the HOA is attempting to collect I would definitely consult a BK attorney. Good luck.

    My answers are for general information only. They are not legal advice. Answers assume California law. I am licensed in California, only. Answers must not be relied upon.<br> <br> Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. <br> <br> I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us.<br> <br> The communications on this website are not privileged or confidential. I assume no duty to anyone by my participation on Avvo because I have answered or commented on a question. Specifically, I assume no duty to respond to any question, comment, telephone call, or email.<br> <br> All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult an attorney licensed in the appropriate jurisdiction for advice and counsel. See, also, Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.<br>

Sued for debt topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics