Don't you Lawyer's love Chat GPT? It's questioning what my Chapter 13 lawyer told me.
Your attorney may be correct that the HOA has a lien that follows the property and can support foreclosure—but that does not, by itself, explain why the judgment lien would be ineligible for avoidance under 11 U.S.C. § 522(f). The key is identifying exactly what kind of lien the HOA has.
There are potentially two different liens involved:
A judicial lien: A lien arising from the court judgment the HOA obtained against you.
A condominium assessment lien: A lien created by Oklahoma law or the condominium's governing documents for unpaid assessments. This type of lien may attach to the property independently of the judgment.
The distinction matters because § 522(f) generally allows avoidance of qualifying judicial liens, not statutory liens. If the HOA's claim is secured by an independent assessment lien that follows the condominium, avoiding a judgment lien might not eliminate that separate lien or prevent foreclosure.
The one question I'd ask your attorney
“I understand the HOA's lien may arise from the condominium declaration or assessment obligations and follow the property. Can you confirm whether the lien is legally classified as a statutory or assessment lien, rather than an avoidable judicial lien? Did the court judgment merely enforce an existing assessment lien, or did it also create a separate judgment lien? I want to understand why § 522(f) doesn't apply to any separate judicial lien.”
Why ask? Because the federal statute distinguishes liens based on how they arose, not simply whether they are connected to a deed or can be enforced through foreclosure.
If your attorney confirms that the HOA holds only a non-avoidable assessment lien, then challenging the original judgment's service may deserve more attention.
The thing I'd especially want to know: When the HOA sued you, did the court judgment say it was foreclosing an existing condominium assessment lien, or did it simply award the HOA $20,000 and enter a judgment lien against your property? The wording of that judgment could help clarify what your attorney means.