Frazer v. Property Owners Ass'n (In Re Frazer)

MEMORANDUM OPINION ON PLAINTIFFS’ COMPLAINT FOR DETERMINATION OF LIEN STATUS AND REMOVAL AND RELEASE OF LIEN

[Adv. Doc. No. 1]

JEFF BOHM, Bankruptcy Judge.

I. Introduction

This adversary proceeding concerns, ultimately, whether the debtors’ Chapter 13 plan will be able to “strip” the lien on their homestead held by a homeowners’ association. The debtors seek a declaratory judgment that: (1) the lien held by the homeowners’ association on their homestead is subordinate to the lien held by the home lender; and (2) because the home lender’s lien exceeds the value of the homestead, the lien of the…