Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.
WIth a bankruptcy case, amounts that come due after filing for the HOA are your responsibility.
Hard to say on the consent order whether you are on the hook for those pre-filing amounts or not.
The lender cannot collect on these debts, so if they solicited you, that would be in violation of the discharge order, and thus would be invalid.
If you voluntarily agreed to pay these, and there was new consideration involved, then you could be on the hook for these if the agreement was signed post-discharge.
What was the consent order for?
Were they moving to evict?
You can talk to your bankruptcy lawyer to see if there was a bankruptcy discharge violation. You can talk to a real estate attorney otherwise, if there was a suit after the filing as well as to if the pre-petition amounts can be vacated out of that consent order if they were in violation of the bankruptcy too
The consent order was for past HOA dues and fees that were not paid before filing chapter 7. I did not reaffirm the debt on the property but continued to pay the mortgage for other reasons, so I have paid all HOA dues accessed after discharge and then I was served for the past dues and fees....unfortunately I assumed since I was remaining in the house and there was not going to be a foreclosure I was liable for the past dues, so I signed a consent order to make payments on the inflated balance. I have since figured It is not financially smart to retain a property so upside down so I am going to let go back to bank and did some looking on my liabilities associated with properties
So, your consent order was so you can stay in the property to avoid eviction.
Talk to the HOA, let them know your timeline, and negotiate when you can end payments. Perhaps they can do an agreed order to release you from the costs if you vacate allowing them to rent it out in the interim until foreclosed.
Did you have any followup questions? If so, let me know. if not, please click accept to rate my answer and close the question. Feel free to contact me again for any new questions! Thanks Terry L
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).