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Maverick
Maverick, Attorney
Category: Bankruptcy Law
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Experience:  20 years of professional experience
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Maryland I just had a civil judgment to pay 15,000 maintenance

Resolved Question:

Maryland
I just had a civil judgment to pay 15,000 maintenance condo fees liened by HOA but my property was previously subject to bank mortgage liens, 1-Question: What are the inmmediate effects of the Judgement ...? can the HOA commence the foreclosure of my property and if so who would get first paid the mortgages liens or the HOA maintenace fees ...? do i have to have order to vacate ...?
2 Question if i sumit for bankruptcy am i still liable for the HOA fees..? what my options are in bankruptcy request....? please advise what my options are !
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Maverick replied 7 years ago.

Yes, the HOA can commence foreclosure of your property, however, the mortgage lender has a priority debt secured by the home so that lender will get paid first and then if there is any equity balance remaining it will go first to the HOA, and then to you. If you are still in the home after the foreclosure, usually the lender will have to file a unlawful detainer action for you to vacate after giving you notice.

 

A chapter 7 BK will typically allow you to discharge the HOA judgment and any deficiency judgment on the primary mortgage. Please click "ACCEPT" so I can get credit for my work. If needed, we can continue our conversation after this at no additional charge.

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