In bankruptcy 13, a Motion to Strip HOA Lien is to be heard before the court June 8. The court noted that my motion only included the legal name of the property in the attachments (as cited as exhibits). The court said that I needed to send a notice of hearing to the HOA and send them my motion since previous notices went to the HOA's foreclosure attorney, the court thinks that agent may no longer be the right address, and to mail direct to the HOA.
Getting the notice to the right party is more important than amending the motion, but you want to get it all correct as much as possible. The notice of motion needs to state clearly who you served, and also be ready to state where you got the agent's name and address.
The dialogue on this website does not constitute legal advice nor does it form any sort of attorney-client relationship.
If you are representing yourself, you are held to the same standard of knowledge as the ordinary bankruptcy attorney would have. If you are not familiar with how to prosecute a lien strip, perhaps it is not too late to hire an attorney.
I am not your attorney unless you and I have signed a retainer agreement. What I am saying is not legal advice. Do not act on this information without engaging my services, this is for consideration only.
I am surprised that the judge will allow you to strip the HOA lien by motion. Under the Federal Bankruptcy Rules of Procedure, the only type of lien that can be avoided by motion is a non-purchase money lien on household goods, tools of the trade, etc. or a judgment lien on homestead property. All other actions that deal with the extent, validity or priority of liens must be handled in an adversary proceeding.
Answers and comments provided are for general discussion only. My comments are not to be considered legal advice and they do not create an attorney-client relationship.
You should, at leastt, consult with a bankruptcy lawyer, in person, to go over your case, and learn the answerr to your question, as well as obtain suggestions about what may be other issues in processing your ch 13 bankruptcy. You may search for a bankruptcy lawyer here on AVVO or at the following link to NACBA: http://www.nacba.org/find-an-attorney/.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline