Will filing bankruptcy avoid my HOA from putting a lien foreclosure on my home for failing to pay dues?
Divorce / Separation Lawyer
If the HOA has not filed a lien against your house, then filing bankruptcy should prevent them from doing so. However, any dues that come due after you file bankruptcy must be paid. If the lien has already been filed, then more information would be necessary in order to determine whether the lien is avoidable (i.e. can be stripped away). You should speak with an experienced bankruptcy attorney.
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Not paying HOA dues can lead to some unforeseen consequences. Their rights can often take priority over the mortgage in some circumstances. I would check with a lawyer who has expertise in HOA by-laws and laws.
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Post-petition HOA dues are not subject to discharge. If you surrender the property in a bankruptcy, you MAY be able to avoid paying them (the courts differ on this).
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Past HOA dues are dischargeable, and if the lien is not yet filed, they cannot file one after you file bankruptcy. If a lien is filed before the bankruptcy, it will survive a Chapter 7 bankruptcy, and they may be able to foreclose on it. As post-petition HOA dues are not discharged, you will need to pay them to avoid future liens and potential foreclosure.