Do NJ homeowner associations have a right to foreclose on properties if dues are in arrears?

The simple answer is yes, an HOA does have the right to file foreclosure on properties for dues that are in arrears. The best way to fix this situation is to pay the home owner Association dues. Bankruptcy, either chapter 7 or chapter 13 will help the situation. The reason for this is that they are foreclosing on the liens placed on the property, not on the debt. The only chance that you would have this to file a chapter 7 bankruptcy and file a motion to avoid lien, if this motion is accepted by the bankruptcy court judge then the debt associated with the homeowners Association and the liens that they were foreclose on would be null and void. 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