Will bankruptcy stop HOA from foreclosure of my home? - Bankruptcy Law Questions and Answers- LawQA.com

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Will bankruptcy stop HOA from foreclosure of my home?

If I file Bankrupcy chapter 7 or 13 will it stop the hoa from foreclosing my apartment, they have placed a Claim of Lien and served me with hearing papers.

Mercado & Hartung, PLLC
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A BK filing will stay the foreclosure proceeding.

Answer Applies to: Washington
Replied: 8/24/2011

Ross Smith, Attorney at Law
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Yes. Go now. Get an attorney and file. Either Chapter 7 or 13 will stop it. Thank you for reading me. I hope you found this answer to be helpful. This answer is not intended to create an attorney/client relationship. It is general information that should be discussed with your own attorney. Because the law in other jurisdictions is different and the facts of each case are different, consumers cannot rely on the opinions expressed here.

Answer Applies to: Ohio
Replied: 8/17/2011

Answer By Mark Markus
The Law Office of Mark J. Markus
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The Chapter 7 will stop it, but only long enough for them to get bankruptcy court permission to proceed with the foreclosure sale. Chapter 13 will stop it as long as you propose a proper repayment plan.

Answer Applies to: California
Replied: 8/16/2011

Answer By Paul Stuber
Paul Stuber, Attorney at Law
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Bankruptcy will not remove a lien or the ability to foreclose on the lien. When you file there is an automatic stay. This means that all actions stop until it is dealt with in the bankruptcy. In a chapter 13 you can force them to take new monthly payments for the old debt. You will still have to keep the new fees up to date.

Answer Applies to: Colorado
Replied: 8/16/2011

Burnham & Associates
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Filing Bankruptcy disrupts all collection action against you. This means the HOA will have no choice but to stop. HOWEVER, this is not the end, if you would like to keep the property you will have to find a way to pay this debt. The HOA may file a Motion for Relief from the Automatic Stay - which is permission from the Bankruptcy Judge to begin collection attempts again. You must show good faith in paying this debt, like paying all amounts as they become current and making payments towards the amount in arrears, in order for the Judge to give you a chance to catch up.

Answer Applies to: New Hampshire
Replied: 8/16/2011

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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It will only be a temporary stop. You need to see a lawyer to review your entire set of facts so you can get good advice about what to do next.

Answer Applies to: California
Replied: 8/16/2011

Answer By Kevin Heupel
Heupel Law
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Yes, filing bankruptcy issues a stay that will stop a foreclosure for at least 60 days.

Answer Applies to: Colorado
Replied: 8/16/2011


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Yes it will stop the foreclosure, but only temporarily. Eventually you will have to pay the past-due amounts if you want to keep your home, just like you will have to pay your mortgage if you want to keep your home. If you don't want to keep it, you can walk away from the home and the debt in bankruptcy.

Answer Applies to: Utah
Replied: 8/16/2011

Charles Schneider, P.C.
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Yes, but it should be most likely a chapter 13 to force them into a repayment plan.

Answer Applies to: Michigan
Replied: 8/16/2011

Answer By Bill Zurinskas
Bankruptcy Law Center
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Chapter 13 bankruptcy can stop a foreclosure of your home. The plan must provide for the curing of the HOA default.

Answer Applies to: Colorado
Replied: 8/16/2011

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