Central District Consumer Bankruptcy Attorney's Association

Various Chapters of the code may make a difference too. For example, in
Chapter 11, you can modify any indenture. CC&Rs usually start out, "THIS
INDENTURE AND DECLARATION OF COVENANTS running with the land ..." Never
seen it done though.
Even Chapter 13 world uses the word may: "(b) Subject to subsections (a)
and (c) of this section, the plan may--" So there may be arguments that
it's not an exclusive list and that CC&Rs themselves may be modified.
I understand the above does not have an effect on the lien, but it is a lot
of leverage vs. the hoa. In particular if you can delete any future lien
rights, reduce the monthly fee, add reporting requirements? Paint your
house green, etc.
Sincerely,
Michael Avanesian
On Wed, Jul 9, 2014 at 6:08 PM, 'Stella Havkin' havkinlaw@earthlink.net
[cdcbaa] wrote:
>
>
> Also we have an article in the newsletter in 2013 which addresses this
> issue.
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Wednesday, July 09, 2014 5:54 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Re: HOA Lien and Judge VZ
>
>
>
>
>
> See post #26057 for a good discussion of HOA lien avoidance using 506.
> Apparently there may be some differing opinions among our local judges.
>
>
>
Various Chapters of the code may make a difference too. For example, in Chapter 11, you can modify any indenture. CC&Rs usually start out, "THIS INDENTURE AND DECLARATION OF COVENANTS running with the land ..." Never seen it done though.Even Chapter 13 world uses the word may: "(b) Subject to subsections (a) and (c) of this section, the plan may--" So there may be arguments that it's not an exclusive list and that CC&Rs themselves may be modified.I understand the above does not have an effect on the lien, but it is a lot of leverage vs. the hoa. In particular if you can delete any future lien rights, reduce the monthly fee, add reporting requirements? Paint your house green, etc.
Sincerely, Michael AvanesianOn Wed, J
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Also we have an article in the newsletter in 2013 which addresses this issue.

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Reply-To: Gaurav Datta
X-Original-Return-Path: Gaurav Datta
To: cdcbaa@yahoogroups.com
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HOA has recorded lien for $3,000. They file a POC for $14,000. Can I cram
down the lien to the amount of the recorded lien or, in the alternative,
strip this HOA lien entirely? The property is well under water due to the
first mortgage. The Judge is VZ. Anybody have any luck with him regarding
HOA liens?
*Gaurav Datta, Esq.,LL.M4401 Atlantic Ave, Ste 225Long Beach, CA
90807Phone: 562-984-2074Fax: 562-984-2081*
HOA has recorded lien for $3,000. They file a POC for $14,000. Can I cram down the lien to the amount of the recorded lien or, in the alternative, strip this HOA lien entirely? The property is well under water due to the first mortgage. The Judge is VZ. -- Gaurav Datta, Esq.,LL.M4401 Atlantic Ave, Ste 225Long Beach, CA 90807Phone: 562-984-2074Fax: 562-984-2081

The post was migrated from Yahoo.