Legally Remove HOA and Condo Fees
There are options if you are struggling with HOA delinquency or condominium association fee debt
Schedule a ConsultationGetting behind on condominium fees or having and HOA delinquency can snowball into a larger debt than you can handle. It may make you wonder if it is even worth keeping your condo based on the new liability.
The good news is that there is a solution! Our firm can assist you in filing a Chapter 13 plan to resolve your past-due HOA dues in addition to getting your overall budget back on track and in balance.
How can You Legally Remove HOA Delinquency?
Past due association fees that have accrued as of the date of the filing of a bankruptcy petition constitute a statutory lien on the property. In general, this lien has to be paid in full.
However, if the balance on the 1st mortgage exceeds the market value of the home, a Chapter 13 plan can be used to “strip” or remove the lien and convert the debt to an unsecured claim (and potentially eliminate the debt). Unsecured claims generally get paid a nominal dividend in Chapter 13 Plan vs. the full payment they would otherwise receive.
Upon the filing of the Chapter 13, an adversary proceeding (lawsuit) is commenced against the condo association for the purposes of establishing the value of the property and a court order is entered deeming their claim unsecured. At the completion of the case (the Chapter 13 discharge) the debtor has a recordable instrument that releases the Association lien.
Other Benefits of Filing Chapter 13 Bankruptcy:
The Chapter 13 reorganization plan provides many distinct benefits, including:
- 0% interest repayment on unsecured debts, such as credit card or medical bills;
- Creditor protection from actions such as foreclosure, repossession, garnishment or collections and harassment;
- Providing a balanced budget by reducing or deferring debts you cannot afford to pay in full. All remaining balances on unsecured debts are legally eliminated at the completion of the 36 – 60 month program;
- Debt reduction through lien stripping, adjusting vehicle loan payments, interest elimination on unsecured debt, etc.
Read other information regarding condominiums and HOAs:
- Michigan condomimium foreclosure laws
- Past due HOA or condominium fees
- Collections on past due HOA or condominium association debt
Long Term Financial Stability
Getting behind on bills, especially HOA dues, creates stress and uncertainty. We are a helping hand to Michigan families and have solutions for long term financial success by employing:
- Chapter 13 Debt Consolidation Plan;
- Chapter 7 Bankruptcy or;
- Non-bankruptcy Debt Settlement.
Call today at 866-261-8282 for a free consultation with a licensed Michigan attorney to discuss your options for debt resolution.
I came into my Chapter 7 Bankruptcy with a lot of questions and a lot of misinformation. I was concerned if I was ever going to get out of the mess that had been created. My attorney quickly put me at ease and made the law very clear so I could easily understand…
I would like to take a moment and recognize our attorney and his team. They were very accommodating and courteous throughout our entire Chapter 13 process. When we had a question we would email them or call and they would promptly get back to us with an answer.…
We would like to say thank you to Acclaim Legal Services- especially to Cindy Millns and Christopher Jones for helping us with the Chapter 13 process.
We appreciate all that you have done for us – you were always there to answer any questions that we…
My Name is Sandra, I was a client of your establishment and was serviced by Mr. Beach, Mr. Jones and Cindy Mills. All of them have been wonderful to me and took a great care to make sure everything was satisfactory to me. Every time I called they were ready and willing…