Kentucky | Bankruptcy
Legal Question
Is Real Estate Lien w/ Judgement discharger by CH 7?
As a condo owner I was assessed $3,000 for what I believed to be a frivolous project that had no bearing on my unit. A lien was place on my property and a judgement eventually filed to collect this $3,000. The HOA was granted a judgement for the $3,000. I was advised to by someone on file Chapter 7 Bankruptcy. Will chapter 7 discharge this judgement and lien against my condominium? I am in Kentucky.
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Legal Answer
Re: Is Real Estate Lien w/ Judgement discharger by CH 7?
While a bankruptcy would discharge any personal obligation you had on the judgment, it's not going to remove the lien. Generally condominium agreements give homeowner's association fees the same effect as a mortgage. Therefore, the HOA can collect the money by, if necessary, bringing a foreclosure sale against the property.
There is a way of structuring this fee, as well as other debts, over a three to five year period in a Chapter 13. Please feel free to call if you would like to discuss further. My office is in Newport KY, 859-261-6811.
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Steven L. Schiller, Attorney at Law 4 West Fourth St., Suite 200 Newport Ky (& Cincinnati Oh), KY 41071
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