Elawyers Elawyers
Washington| Change
Asked in Avondale, AZ Jun. 28, 2018 ,  2 answers Visitors: 99
If you file bankruptcy in arizona.. can your HOA place a lean on your property for dues that were included in your bk

2 Answers

Anonymous
Reply

Posted on / Jun. 28, 2018 17:25:57

Most likely the CC&R's provide that the property is collateral for the dues/assessments, plus the owner is liable for the dues/assessments. If you file bankruptcy listing the obligations owed at the day of filing that results in the owner not being liable for the pre-petition debts. But it does not eliminate the debt secured by the collateral (the house). Depending on the value of the house and the secured debt of the first mortgage you may be able to discharge the pre-petition HOA debt, but only in a chapter 13. You really need to talk to an experienced bankruptcy attorney before filing any bankruptcy.

Anonymous
Reply

Posted on / Jun. 28, 2018 11:29:26

If it was placed prior to filing, yes.

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer