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I was delinquent on HOA dues pre chapter 7 in Florida. I filed for chapter 7 and included this debt on my list of creditors. After filing and before discharge, A lien was placed on my property. I am trying to figure out if this is legal and if not how would it get removed? Thank you, Me
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Bankruptcy Attorney serving Boca Raton, FL
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Gasparri Law Group
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As it turns out, no. There is a problem in the way the HOA lawyers are doing this. The debt owed to the HOA is always assocaited with the house, but it is not in personum to you -- The lien provides the HOA with the right to collect NOW, which is a violation of your Bankruptcy discharge. It leaves them without a way to perfect the obligation that runs with the land.
You should consult with your lawyer about filing a motion for sanctions. We just filed one on behalf of one of our clients.
Answered on May 10th, 2016 at 1:16 PM