Legal Question in Bankruptcy in California
I had a BK7 discharged last year. I kept my condo. Can HOA put lien on the condo since I am still owner of the house?I owed $2000 to HOA prior to the BK.
Asked on 12/07/10, 10:29 am
1 Answer from Attorneys
Carl Starrett
Law Offices of Carl H. Starrett II
Anything that you owed to the HOA prior to the bankruptcy was discharged. You are on liable for anything that came due after you filed the bankruptcy so long as you remain on title.
If the HOA recorded a lien before you filed the bankruptcy, the lien would survive and the HOA could still enforce the lien via foreclosure if you didn't pay.
If the new lien is for any dues that came due prior to the bankruptcy filing, this is a violation of the discharge and you should consult an attorney on how to pursue your legal remedied against the HOA.
Answered on 12/14/10, 2:08 pm
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