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Will filing bankruptcy avoid my HOA from putting a lien foreclosure on my home for failing to pay dues?

Baltimore, MD |

Will filing bankruptcy avoid my HOA from putting a lien foreclosure on my home for failing to pay dues?

Attorney Answers 4


  1. Best answer

    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.

    Please be advised that any information or advice given herein does not constitute an attorney client relationship. Further, before taking any actions or deciding not to take any actions, you should seek counsel of an attorney. This forum cannot provide you with the anyalysis and detail necessary for a full and accurate opinion to be rendered.


  2. 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.

    Legal disclaimer: This is not legal advice and is not intended to create an attorney-client relationship. The post is only an opinion. You should speak to an attorney for further information. The poster is licensed only in Illinois. Please visit www.bernardjconway.com for more information about our services. If this post is useful to you, please remember to upvote it.


  3. 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).

    [I am a Virginia-licensed attorney. This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] I hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!


  4. 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.

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