Here is the sixth defense against preference avoidance actions, the so-called statutory lien defense.
Defenses To Preference Avoidance Actions, Part VI:
The Statutory Lien Defense
Some liens are voluntary, the result of the debtor voluntarily granting a lien to a creditor. Examples include home mortgages and car loans.
Other liens are involuntary and are recorded against the debtor’s wishes. For example, if a creditor obtains a judgment against the debtor, the creditor can record a judgment lien against an asset — such as the debtor’s home.
Another type of involuntary lien is a statutory lien, which is a lien that arises by operation of some statute. For example, if a homeowner is behind on homeowners association dues, the HOA can record a lien pursuant to a statute. See, e.g., Cal. Civ. Code § 1367.1. Statutory liens are the focus of § 547(c)(6): “The trustee may not avoid under this section a transfer — . . . that is the fixing of a statutory lien that is not avoidable under section 545 of this title.” Thus, if the statutory lien is not avoidable under § 545, it is not avoidable. (One of the challenges in understanding statutes is having to follow chains of references from one part of the statute to another. This is one of those challenges.)