From the Editor’s Desk – Curing Mortgage Arrearage

By The Honorable William Houston Brown (Retired)

Prepetition foreclosure prevented debtor’s cure of homeowners’ association delinquency. Although the automatic stay protected debtor’s possessory interest, a foreclosure by the condominium homeowners’ association had been completed three months prepetition. The plan proposed to cure the delinquency of the HOA assessments over sixty months, and the plan was confirmed. Under California law, the nonjudicial foreclosure by the homeowners’ association was subject to a statutory right of redemption within ninety days of the foreclosure, and the debtor did not redeem within that period. The confirmed plan proposed to . . .

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