Can I do a HOA lien strip?

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ch 13uch

Attorney Answers

4
Keith Alan Gantenbein Jr.Real Estate AttorneyDenver, CO ·
It appears that you are asking if you can strip an hoa lien in a Chapter 13 Bk. Normally, one can strip a lien, such as a second mortgage, if and only if the lien is wholly unsecured (if the property is underwater so much that the second lien is not secured at all). However, the hoa lien is a much different animal. There has been some new cases in the 10th circuit regarding whether the hoa lien can be stripped. I strongly recommend seeking the advice of a BK practioner.
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Mengjun Qiu ·
You may be able to get rid of your personal obligation on the HOA lien through bankruptcy and the HOA won't be able to collect against you or foreclose again based on the same lien. However the lien may stay and will become a problem when you sell the house even if you file a motion to strip it in bankruptcy. Speak with a bankruptcy attorney in your area.
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Robert Vance SalterDivorce / Separation LawyerWheat Ridge, CO ·
Your chances of doing so if you represent yourself are almost 0. It is very difficult to get a Chapter 13 plan confirmed pro se. You need to discuss this, and the remainder of your debt issues, with your bankruptcy attorney.
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Andrew Trexler ·
You may be able to strip the portion of the lien which is not "super-priority" in a chapter 13. One of our judges recently allowed this. While you're not technically required to have an attorney represent you in chapter 13, as a practical matter, you really want to have one. Lien strips are difficult, even if you have the right facts. There are special service requirements, and plan disclosure requirements, and only an experienced local bankruptcy attorney will be able to ensure everything's done right so your plan is confirmed and your any strippable lien is actually extinguished at the end of your case.
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