If I file Chapter 7 Bankruptcy will it remove a lien from my Home Owner's Association, and will I still owe $$ on the lien?

Asked over 3 years ago - Savannah, GA

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When I bought the Townhome in 2008, the previous owner's owed the HOA approximately $650. My attorney missed it on the title search and did not even contact the HOA at closing. I did not pay the amount owed and the HOA placed a lien on the property.
I am about to file Chapter 7 Bankruptcy and I don't know how a Capter 7 will affect the lien or the amount owed. Also, I have gotten a bill in addition to the lien for penalties and late fees.

Attorney answers (1)

  1. Pro

    Contributor Level 20

    Answered January 04, 2010 10:51. You will have to talk toy uor attorney about "lien stripping" in the state where you are filing. Some Bankruptcy Courts require only a motion whereas some courts require an "Adversary" which is much more like a miniature trial. In many States such liens are considered secured so an analysis of your State law and bankruptcy exemptions is necessary to answer this question.

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