Some HOA liens are a result of judgments, some are statutory based upon CC&R's after following required notice and time procedures. If they are from
judgments they are subject to avoidance under 522(f). If they are
statutory liens they are not. You have to delve into the details of each alleged
lien. Regardless, if the underlying debt has been discharged, I do not see
how an HOA can pursue imposing a statutory lien postpetition relating toa prepetition discharged debt.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 1/16/2013 6:58:27 P.M. Pacific Standard Time,
sdoyle@blclaw.com writes:
I supposed you can do it under 506(d) in the Ch13 context but I believe
HOA liens are considered statutory liens and therefore 522(f) does not apply
in the Ch7 context. Have you avoided HOA liens in Ch7?
Shannon A. Doyle
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
_www.blclaw.com_ (
http://www.blclaw.com/)
Sent: Wednesday, January 16, 2013 5:10 PM
To:
cdcbaa@yahoogroups.com
Cc: Shannon Doyle
Subject: Re: [cdcbaa] HOA recorded lien
I disagree. I've done that many times.
On Jan 16, 2013, at 2:30 PM, "Shannon Doyle" wrote:
Unfortunately you cant avoid an HOA lien.
Shannon A. Doyle
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
_www.blclaw.com_ (
http://www.blclaw.com/)
(
http://yahoogroups.com/) ] On Behalf Of sbombalier
Sent: Wednesday, January 16, 2013 11:04 AM
To:
_cdcbaa@yahoogroups.com_ (mailto:
cdcbaa@yahoogroups.com)
Subject: [cdcbaa] HOA recorded lien
Once again, I need assistance with this issue.
Debtor had a lien recorded by her HOA pre-filing. She has maintained
current all post filing HOA dues. HOA has recorded a NOD and will proceed with a
sale date.
When I filed her BK, now discharged, we were unaware of the recorded lien,filed a motion to reopen for the purpose of getting rid of this lien, themotion to reopen has been gran ted. HOA's attorney is telling me that since
they have a statutory lien, even if the court issues its order avoiding
lien, the HOA can re-record the original lien.
Any input will be much appreciated.
Once again, thanks for any and all guidance.
Some HOA liens are a result of judgments, some are statutory based upon
CC&R's after following required notice and time procedures. If
they are from judgments they are subject to avoidance under
522(f). If they are statutory liens they are not. You have to
delve into the details of each alleged lien. Regardless, if the underlying
debt has been discharged, I do not see how an HOA
can pursue imposing a statutory lien postpetition relating
to a prepetition discharged debt.
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)
In a message dated 1/16/2013 6:58:27 P.M. Pacific Standard Time,
sdoyle@blclaw.com writes:
I supposed
you can do it under 506(d) in the Ch13 context but I believe HOA liens are
considered statutory liens and therefore 522(f) does not apply in the Ch7 context. Have you avoided HOA liens in Ch7?
Shannon A.
Doyle
Attorney at
Law
100 N. Barranca Avenue, Suite
250
West Covina, CA
91791-1600
Tel: (626)
646-2555
Fax: (626)
332-8644
www.blclaw.com
From: Ramiro Flores Munoz [mailto:
rfloresmunoz@gmail.com]
Sent: Wednesday, January 16, 2013 5:10 PMTo:
cdcbaa@yahoogroups.comCc: Shannon DoyleSubject: Re: [cdcbaa] HOA recorded lien
I disagree. I've done that many times.
On Jan 16, 2013, at 2:30 PM, "Shannon Doyle" <
sdoyle@blclaw.com>
wrote:
Unfortunately you cant avoid an HOA
lien.
Shannon A. Doyle
Attorney at Law
<image001.jpg>
100
N. Barranca Avenue, Suite 250
West
Covina, CA 91791-1600
Tel:
(626) 646-2555
Fax:
(626) 332-8644
www.blclaw.com
From:
cdcbaa@yahoogroups.com [mailto:
cdcbaa@yahoogroups.com] On Behalf Of
sbombalierSent: Wednesday, January 16, 2013 11:04
AMTo:
The post was migrated from Yahoo.