HOA lien avoidance in ch 20
Posted: Fri Jun 06, 2014 12:11 pm
1. Yes and VZ requires AP toward end of plan paymentsfor 506(d) last I heard.
2. Not aware of anyone successfully prosecuting a contested Ch20 before VZ; I have one by stipulated judgmentwith the junior secured creditor.
3. If lien is a covenant running with the land, then it can't be avoided.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
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On Thursday, June 5, 2014 9:50 PM, "vicki temkin Vtemkin@yahoo.com [cdcbaa]" wrote:
Client filed a Ch 7 to stop HOA foreclosure; found some work and was going to convert to a ch 13, but 7 discharge came through.
Filed ch 13 2 days later, again to stop the F/C. HOA agent is Witkin & Neal and are very aggressive and the condo HOA wants her out.
Now 4 months behind on mortgage, (I did not tell her to stop paying the mortgage, she did that on her own) and she can pay arrears through the plan. The only debt is mortgage, FTB and me.
I can do a motion to value - condo underwater and HOA lien totally unsecured and I want to do a lien avoidance. VZ is the judge:
questions:
1) is it better to do the mot/value now and the 506(d) at the end of the plan period,
2) is he likely to grant the 506(d) on the basis of plan completion only because there's no discharge, if not, I could amend the plan to include the discharged HOA dues but if I wait till the end of the plan period for the motion, she can't.
3) is he likely to deny the motion saying HOA lien is covenant running with the land.
All input appreciated. Thanks, Vicki
Law Office of Vicki L. Temkin
mailing address:
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Sherman Oaks, Ca 91403
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www.vtemkinlaw.com
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