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

Asked over 1 year ago - Riverside, CA

Am wondering

Attorney answers (4)

  1. Brian Crozier Whitaker

    Contributor Level 17


    Lawyers agree


    Answered . 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.

  2. Carl H Starrett II

    Contributor Level 16


    Lawyer agrees


    Answered . 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.... more
  3. Malik W. Ahmad

    Contributor Level 14


    Lawyer agrees

    Answered . 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.... more
  4. Dorothy G Bunce


    Contributor Level 20


    Lawyer agrees

    Answered . 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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