In most states, HOA dues are eligible to be a secured debt. If the HOA recorded a lien on the property before you filed bankruptcy, then they are already secured. And bankruptcy alone doesn't eliminate the security that a creditor has.
You either pay the debt, remove the lien, or lose the property once the bankruptcy stay ends. It is a fairly complicated situation & you should have hired an attorney to advise you well before today.
Hope this perspective helps!
All HOA fees due prior to your bankruptcy filing are dischargeable. All HOA fees that accrue post bankruptcy filing but prior to any trustee sale are due and payable.
This response does not create an attorney client relationship. The information provided here should not be relied upon and is not a substitute for legal advice received by an attorney that you have retained for your specific case. If you are actually involved in a case pending in court or think you have a claim to pursue then you should hire an attorney and follow his/her advice. The information provided here is for general purposes only.
The HOA dues owed prior to filing are dischargeable if you received a discharge in bankruptcy. However, if the law makes them secured OR the HOA filed a lien prior to filing AND the lien was not set aside, THEN the lien is still valid and must be paid regardless of the discharge if you want to keep the property.
In short, check the land records and the state statutes to see if this is a lien. Write to the HOA asking for proof that the debt is still owed despite your discharge. The only way that can happen is if the HOA had a lien before you filed.
This situation can get more complicated, but getting this information about the status of the debt is the first step.
Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.