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dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5156
Experience:  37 plus years of experience specializing in bankruptcy law
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My HOA placed a lien on my condo dues in 2008. I have since

Customer Question

My HOA placed a lien on my condo for delinquent dues in 2008. I have since filled a chapter 7 BK and discharged delinquent dues. Post BK I have made regular payments. They are now threatening to foreclose, not acknowledging the discharged BK. Do they have to fie a new notice of default since accepting payments for more than a year.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  dylatess replied 1 year ago.

YES. The delinquency was discharged in the BK. Likewise, they have to file a new default process to begin a foreclosure proceeding. But don't expect that they will follow the rules as you do not want to be arguing later what they did wrong. Instead, call them to work out a payment arrangement.