Homeowners Lawsuit Texas

Homeowners Lawsuit Texas

Behind on your owners dues?  Homeowners lawsuits Texas can result in a foreclosure of your homestead.  The fees charged by the homeowners associations attorneys are usually very high.  I encourage you to attend meeting and make sure you get disclosure as to the law firm your homeowners hires.  In a bankruptcy chapter 13 if there is little to no equity in your home, you can strip the homeowners and treat them as a unsecured creditor. You may think this is payback for all the grief they cause you.  Should you attempt to stay out of bankruptcy, the homeowners are first required to file suit before they foreclosure.  Normally the lawsuit is filed the district court in the county that the property is located.  Once a order of sale is received, they can post you on the next 1st Tuesday of the month. provided they have given at least 20 days notice.  You have a short redemption period after the sale to get the property back.  It may be possible to file a bankruptcy after the sale and pay the buyer out in a chapter 13 bankruptcy.  I would say that this is risky and best to file a chapter 13 bankruptcy prior to the sale.  The following language is used to strip the HOA in a chapter 13 bankruptcy which has been taken from http://www.txs.uscourts.gov/bankruptcy/rulesformsproc/

C.  The following table sets forth the treatment of certain classes of secured creditors holding a claim secured only by a security interest in real property that is the Debtor(s)’ principal residence.  The Debtor(s) allege that the total amount of debt secured by liens that are senior in priority to the lien held by __________________ exceeds the total value of the principal residence.  Accordingly, the claim will receive (i) no distributions as a secured claim; and (ii) distributions as an unsecured claim only in accordance with applicable law.

Upon the Debtor(s)’ completion of all payments set forth in this plan, the holder of the lien is required to execute and record a full and unequivocal release of its liens, encumbrances and security interests secured by the principal residence and to provide a copy of the release to the Debtor(s) and their counsel.  Notwithstanding the foregoing, the holder of a lien that secures post-petition homeowners’ association fees and assessments will be allowed to retain its lien, but only to secure (i) post-petition assessments; and (ii) other post-petition amounts, such as legal fees, if such other post-petition amounts are (x) incurred with respect to post-petition fees and assessments; and (y) approved by the Court, if incurred during the pendency of the bankruptcy case.

This paragraph 4C will only be effective if the Debtor(s) do each of the following:

• Mail a “Lien      Stripping Notice”, in the form set forth on the Court’s website, to the      holder of the lien that is governed by this paragraph 4C.  The Lien Stripping Notice must be mailed      in a separate envelope from any other document.

• File a      certificate of service reflecting that the Lien Stripping Notice was      mailed by both certified mail, return receipt requested and by regular US      mail to the holder of the lien at all of the following addresses, with the      mailings occurring not later than 30 days prior to the hearing on this      plan:

• The address       for notices shown on any proof of claim filed by the holder.

• Any       attorney representing the holder who has filed a request for notice in       this bankruptcy case.

• If no       address for notices is given on a proof of claim filed by the holder, on       the last known address of the holder.

• If the holder       did not file a proof of claim, service must be in accordance with Fed. R. Bankr. P. 7004.

About the Author

Eric Southward is the managing attorney at Busby & Associates Attorney and Counselors at Law P.C.  He has 14 years of bankruptcy practice behind him which include over 5,000 bankruptcy cases he has prosecuted for families, small business, and individuals.

Please visit our website for more information about us and bankruptcy. You may also view our video with Bankruptcy Information.

Call us today at (713) 974-1151 to schedule a no-obligation consultation or feel free to email us at [email protected].

We provide bankruptcy services in the greater Houston metro area including the cities of Katy, Sugarland, Pearland, Friendswood, Clear Lake and Galveston. We also handle cases from The Woodlands, Spring and Tomball and cases in Baytown and Channelview.

We handle bankruptcy cases in all of these counties: Brazoria, Chambers, Galveston, Matagorda, Austin, Brazos, Colorado, Fayette, Fort Bend, Grimes, Harris, Madison, Montgomery, San Jacinto, Walker, Waller, Wharton
 
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