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Chapter 7 bankruptcy in California. Can an HOA lien on home ever be "Avoided" like a judgment lien can?

Riverside, CA |

Am wondering

Attorney Answers 4

Posted

No, an HOA lien cannot be "avoided" because it is a voluntary lien; but, depending on who your judge is, it may be able to be "stripped" in a Ch13
Don't forget, HOA fees incurred prior to filing BK can be discharged; but a lien will remain.

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Posted

I agree with what Mr. WhitaHOAs will sometimes sue for a money judgment in small claims court and record a judgment lien called and Abstract of Judgment in addition to the lien for the delinquent assessments. You might be able to avoid the judgment lien, but not the assessment lien.

First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy. We also do other stuff and we do it well, but Congress wants me to post this notice. Second, nothing on this site is legal advice. You are not my client unless you enter into a written agreement signed by you and me.

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Posted

I concur with the other two attorneys. In Nevada, this animal is called super priority lien (and it has made havoc with the lives of the propert owner). Basically, it has priority on everything including the first lender's lien, and has allowed the collection agencies to add up lots of charges upon the late HOA's dues.

Only see a licensed attorney before you make any decision. This answer may not be perfect in any given situation. However, more fact may be required by your local attorney. If you are in Las Vegas, you are welcome to send your questions regarding Chapter 7, or 13 to Attorney Malik Ahmad at Malik@lasvegaslawgroup.com or www.fastbankruptcynevada.com or by calling (702) 270-9100. In many cases, we do not charge initial consultation fee.

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Posted

Judgment liens can be avoided in Chapter 7, but HOA liens are generally statutory liens and nothing in the bankruptcy code addresses this issue. You may be able to strip those liens if you go into a Chapter 13 instead. Hope this perspective helps!

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