QUESTION
Is it legal for the HOA to put a lien on the property for late fees during ch 13?
Asked on Jan 08th, 2013 on Bankruptcy - North Carolina
More details to this question:
We are in the midst of discharging our CH. 13. I received a bill for $1,900 in late fees from my HOA because the trustee did not disburse payments to them until 2011. We filed in 2008. The HOA also placed a lien on the property in 2008 after they brought proof of claim and were included in our payment schedule. Is this legal?
3 ANSWERS
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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You need to talk to your chapter 13 attorney.
Answered on Jul 17th, 2013 at 12:45 AM
Deborah F. Bowinski
Did you begin to make your new HOA payments after filing? There is a distinction between pre-filing HOA fees and those that come due after filing but during the life of your chapter 13 plan. If you have completed a chapter 13 plan then you probably have an attorney representing you already. You should contact your attorney with these questions.
Answered on Jan 11th, 2013 at 2:12 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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No, it is not, you need to contact your attorney to take action on that matter...they cannot file a lien after a bankruptcy is filed....if they were not noticed about the bankruptcy filing...that would make things messy
Answered on Jan 11th, 2013 at 2:02 PM