Will bankruptcy stop HOA from foreclosure of my home? 24 Answers as of June 26, 2013

If I file Bankrupcy chapter 7 or 13 will it stop the hoa from foreclosing my apartment, they have placed a Claim of Lien and served me with hearing papers.

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
A BK filing will stay the foreclosure proceeding.
Answer Applies to: Washington
Replied: 8/24/2011
Ross Smith, Attorney at Law
Ross Smith, Attorney at Law | Charles Ross Smith III
Yes. Go now. Get an attorney and file. Either Chapter 7 or 13 will stop it. Thank you for reading me. I hope you found this answer to be helpful. This answer is not intended to create an attorney/client relationship. It is general information that should be discussed with your own attorney. Because the law in other jurisdictions is different and the facts of each case are different, consumers cannot rely on the opinions expressed here.
Answer Applies to: Ohio
Replied: 8/18/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
The Chapter 7 will stop it, but only long enough for them to get bankruptcy court permission to proceed with the foreclosure sale. Chapter 13 will stop it as long as you propose a proper repayment plan.
Answer Applies to: California
Replied: 8/18/2011
Paul Stuber, Attorney at Law
Paul Stuber, Attorney at Law | Paul Stuber
Bankruptcy will not remove a lien or the ability to foreclose on the lien. When you file there is an automatic stay. This means that all actions stop until it is dealt with in the bankruptcy. In a chapter 13 you can force them to take new monthly payments for the old debt. You will still have to keep the new fees up to date.
Answer Applies to: Colorado
Replied: 8/17/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
Filing Bankruptcy disrupts all collection action against you. This means the HOA will have no choice but to stop. HOWEVER, this is not the end, if you would like to keep the property you will have to find a way to pay this debt. The HOA may file a Motion for Relief from the Automatic Stay - which is permission from the Bankruptcy Judge to begin collection attempts again. You must show good faith in paying this debt, like paying all amounts as they become current and making payments towards the amount in arrears, in order for the Judge to give you a chance to catch up.
Answer Applies to: New Hampshire
Replied: 8/17/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    It will only be a temporary stop. You need to see a lawyer to review your entire set of facts so you can get good advice about what to do next.
    Answer Applies to: California
    Replied: 8/17/2011
    Heupel Law
    Heupel Law | Kevin Heupel
    Yes, filing bankruptcy issues a stay that will stop a foreclosure for at least 60 days.
    Answer Applies to: Colorado
    Replied: 8/17/2011
    R. Steven Chambers PLLC | R. Steven Chambers PLLC
    Yes it will stop the foreclosure, but only temporarily. Eventually you will have to pay the past-due amounts if you want to keep your home, just like you will have to pay your mortgage if you want to keep your home. If you don't want to keep it, you can walk away from the home and the debt in bankruptcy.
    Answer Applies to: Utah
    Replied: 1/21/2013
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Yes, but it should be most likely a chapter 13 to force them into a repayment plan.
    Answer Applies to: Michigan
    Replied: 8/17/2011
    Bankruptcy Law Center
    Bankruptcy Law Center | Bill Zurinskas
    Chapter 13 bankruptcy can stop a foreclosure of your home. The plan must provide for the curing of the HOA default.
    Answer Applies to: Colorado
    Replied: 8/16/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    What makes you think the HOA is foreclosing? Do you have a Notice of Default and Election to Sell Under Deed of Trust that was recorded with the County Recorder?
    Answer Applies to: California
    Replied: 6/26/2013
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    If you file a bankruptcy the court will issue an order to your creditors, including your HOA, prohibiting them from collection efforts. This will buy you some time, but it will not solve your underlying problem. If you cannot afford to pay your mortgage and HOA dues you should start thinking about moving to housing that is within your budget.
    Answer Applies to: Colorado
    Replied: 8/16/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    A Chapter 13 would stop the sale and allow you time to catch up on the dues.
    Answer Applies to: Michigan
    Replied: 8/16/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    A ch. 13will, because that is a 5year repayment of all your debt, so the hoa souls get paid through the plan. A ch.7will only stop the foreclosure for a couple months.
    Answer Applies to: California
    Replied: 8/16/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Yes, foreclosure and lawsuits will be automatically stopped when you file a bankruptcy case. The HOA then needs to go to the bankruptcy court to ask for permission to foreclose or wait until your bankruptcy case is over in about three months if you file a Chapter 7 case.
    Answer Applies to: California
    Replied: 8/17/2011
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    A 7 will temporarily stop your foreclosure until a motion for relief from stay is filed and granted. A 13 will allow you to put the rear age in a payment plan to save the house and it will stop the proceedings.
    Answer Applies to: Connecticut
    Replied: 8/16/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    It will stop it up to the closing of the bankruptcy case at the latest. The bankruptcy would eliminate your personal obligation to pay the debt if your state allows HOA fees to be a personal debt, but it will not remove the lien, and if the entire amount of HOA dues are not paid, even after the bankruptcy, the HOA can foreclose on its lien rights.
    Answer Applies to: California
    Replied: 8/16/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    It may, but you also need to see what happens AFTER you file. That is why you need a lawyer. Saving the house one day and losing it the next is not a smart strategy. Your lawyer will help with strategy.
    Answer Applies to: Georgia
    Replied: 8/16/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    If you are in arrears for homeowner's association dues they can initiate a foreclosure in many instances. Check you agreement to determine whether this is the case.
    Answer Applies to: California
    Replied: 8/16/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    A chapter 7 will only stop it temporarily and a chapter 13 will probably require you to pay it all back and pay to keep it current.
    Answer Applies to: California
    Replied: 8/16/2011
    Melinda Murphy Dionne, PC
    Melinda Murphy Dionne, PC | Melinda Murphy Dionne
    Yes, filing a bankruptcy case will stop a foreclosure action.
    Answer Applies to: Alabama
    Replied: 8/16/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Possibly. But a claim of lien, if properly filed, is tough to get around. Google NACBA, where there's a list of good BK lawyers in your area.
    Answer Applies to: Virginia
    Replied: 8/16/2011
    Grasso Law Group
    Grasso Law Group | Charles Grasso, Esq.
    Filing for bankruptcy will stop a foreclosure. However, if you intend on keeping the property the HOA fees are not likely to be discharged in your bankruptcy.
    Answer Applies to: California
    Replied: 8/16/2011
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