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Years ago i missed a few hoa payments, can that lien be discharged?

Vero Beach, FL |

years ago i missed a few hoa payments, can that lien be discharged? I am current on my payments now that I am working again. Will Chapter 7 discharge those obligations?

Attorney Answers 2

Posted

While the debt will typically be discharged, a lien is not removed without taking an action against the creditor. Whether it can be removed depends on the value of the property and the amount of other liens on the property.

Consult with a local bankruptcy attorney for more information.

[This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

Mitchell P. Goldstein
Richmond, VA 23230
804-673-4358 Office
mitch@mitchellpgoldstein.com Email

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Posted

If you choose to include this debt among the debts you are trying to get rid of by filing Bankruptcy, upon receipt of your Discharge the obligations underlying the placing of the lien will be discharged. However, the lien will remain against your property unless you affirmatively do something to have it removed. You should consult with a local bankruptcy attorney (and it would be a big help if s/he knows real estate law or has a colleague or partner who practices in that area) regarding getting the lien removed once a bankruptcy Discharge has been issued.

Alternatively, you could reaffirm (agree to repay and not discharge) the debt and, upon paying the debt, the folks who put the lien on your property would be under an obligation to remove it (but don't count on it being removed, make sure that happens). Hope this helps.

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