Can HOA foreclosure/sell my house if I have mortgages?

I will attempt to answer your questions one at a time. Yes a homeowners association can foreclose on you for HOA fees even if you have a first and second mortgage. The HOA will have to pay off both your mortgages before they collect on the debt of the lien. Chapter 7 bankruptcy remove its obligations to pay, but it does not remove the lien from the property. So basically even though you no longer have to pay the debt, if you choose to stay in your home you will need to pay the lien off or they can foreclose on your property. Bankruptcy remove the financial obligations to pay a debt but it will not remove the security interest on a piece of property. Although if you had a bankruptcy lawyer handle your chapter 7 bankruptcy filing, he should of filed a motion to avoid lien, this cost extra money but it could have remove the lien from the HOA. Once your bankruptcy is over and you receive a discharge they can go after you for the lien that they placed before the bankruptcy. You may be able to reopen your chapter 7 bankruptcy and have an attorney file a motion to avoid lean. If you are up to date on your first and second mortgage and can make all future HOA payments this and probably be your best bet.   I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob