is a Homeowner's Association considered as a secure debt?

[confuzzled]

What is the name of your state?What is the name of your state? Arizona

I had a question about bankruptcy & HOA fines/attorney fees. Here's a quick summary of my situation.

I filed for bankruptcy, chapter 7 last August and I plan on keeping my home. My debt also included HOA fines.

HOA is saying I owe $3000+ (1/2 of which are attorney fees). I disagree with the amount that the HOA says I owe and have tried to fix this problem in the past without success. The turnover in the association’s staff and my failing health has made it difficult to communicate and adhere to any prior arrangements.

Although I have not paid the disputed amounts and fines, I have been paying my quarterly dues. I've tried to make payment arrangements with the HOA's attorney to pay the balance but they are unwilling to work out a payment plan. They filed a motion to lift the automatic stay and it says I need to respond to it.

I'm not sure what to do at this point or how to respond to the lift of automatic stay. How do I keep the HOA from taking my home (which is worth more than the $3000.00 they say I owe).

thanks.

 

[Ladynred]

They can't go forward with any collection action unless they file for the Relief from Stay. That includes them placing a lien on your home, which is more likely than forclosing on you for such a small amount.

HOA dues are NOT secured debt - unless they've already attached and recorded a lien against your house.

If you have any way to pay what's owed, object to their motion for relief but you'll have to show the court WHY they shouldn't grant the relief - that means clearing the owed HOA dues.

 

[confuzzled]

wow..thanks for the response LadynRed!

they have already filed the relief of stay couple of weeks ago.... is it to late for me to respond to it? and.. how do I go about filing a response? and.. what if its already been past the 15 days I was supposed to respond?

thanks so much for your help!

 

[Ladynred]

If the time to respond has passed, its likely the judge granted their Motion for Relief. You can either sign up for PACER and check it yourself or call your lawyer or the court clerk.