Vallejo, CA asked in Bankruptcy for California

Q: California: forclosure 2009 Bankruptcy 2012 will Debtor be able to collect special assesment HOA for forclosed RE

In California: The HOA special assessment was added to the regular HOA fee and they said that I would have to pay it even if I sold the property. I had to foreclose in 2009 for inability to pay. In addition I had a bancrupcy in 2012 which included The assessment and CC debts. I was single at the time, now married. I can now get a refinance on a house that is on my spouse's name and have the loan only on my name since my spouse is unemployed. Will the debtor be able to collect or have a lien on the house?

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2 Lawyer Answers
Harlene Miller
Harlene Miller
Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: Without reviewing your bankruptcy documents, if the assessment was properly listed as a creditor in the case, it should have been discharged. Have you heard from the HOA since the bankruptcy? You may want to speak with your bankruptcy attorney that handled your 2012 case. If no attorney, contact a local attorney to discuss this matter further.

1 user found this answer helpful

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Your facts are confusing. If the house you want to buy is the same house and the lien was not removed, the lien is still viable. If the hoa lien was not on the house you seek to buy now, they will not be able to collect the lien as it has been discharged.

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