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KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4198
Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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My HOA first filed a lien against my property of my

Customer Question

My HOA first filed a lien against my property for nonpayment of my amenities the lien was never voted on by the board that started to foreclose they stop the foreclosure and filed a judgement against me I got behind because of a job now that I have a job I have offered to pay a $100.00 more a month.....If I file a chapter 7 will that wipe out the Judgement and the lien
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  KimberlyLaw replied 1 year ago.

Hello, I am happy to assist you today.

If you file for bankruptcy, it could wipe out the debt, but it won't wipe out the lien. That is already attached to the property.

You should be able to make an agreement for a payment plan. They might not accept $100 a month if you owe $10,000. Usually they would expect a large lump payment up front with such small monthly payments. Or you could offer a larger amount per month. It is best to work it out because they do have the right to foreclose on the property because of this, unfortunately.

Take care,

Kim

Customer: replied 1 year ago.
The HOA(the Davis Sterling Act) law requires the board to vote in a open session before a lien can be filed and then record it in minutes other wise the lien is in valid. The lien would be come unsecured. Filling a BK wipes out unsecured debt
Expert:  KimberlyLaw replied 1 year ago.

I thought they already stopped the first process and went back and fixed the voting problem, because you stated that they later received a judgment against you. That means you had the opportunity to oppose that on the grounds that they did not vote, correct?

I believe if you are still in the situation of them obtaining a lien against your property without the property vote, it would not just be "invalid" automatically. You would have to challenge it in court before it would be declared to be unsecured.

You are correct that ah Bankruptcy could remove any debt that is not secured, but you would have to ensure first that the debt is legally in that status before doing so.

Kim

Expert:  KimberlyLaw replied 1 year ago.

Hello again,

I see that this question still needs to be closed. Please close out the question with a 4 or 5 rating. If you don't, the system may keep your money and I won't get paid for my work with you.

Take care,

Kim

Expert:  KimberlyLaw replied 1 year ago.

I need to close out this question. If you don't close the question (with a 4 or 5 rating), the system may keep your money and I won't get paid for my work with you.

This is my full time job, so I appreciate you taking care of this,

Kim

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