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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2831
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Am I liable for the remainder of a consent order to pay HOA

Customer Question

Am I liable for the remainder of a consent order to pay HOA due and fees, If I found out that most of them were actually discharged under a chapter 7 bankruptcy. I now know I am only responsible for the dues and fees accessed after the bankruptcy. However, I did sign a consent order to pay, not knowing that most or all the dues and fees were from before I filed. Please advise.
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 3 years ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

WIth a bankruptcy case, amounts that come due after filing for the HOA are your responsibility.

Terry L. :

Hard to say on the consent order whether you are on the hook for those pre-filing amounts or not.

Terry L. :

Several issues.

Terry L. :

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.

Terry L. :

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.

Terry L. :

What was the consent order for?

Terry L. :

Were they moving to evict?

Terry L. :

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

JACUSTOMER-rm9mv338- :

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

Terry L. :

So, your consent order was so you can stay in the property to avoid eviction.

Terry L. :

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.

Terry L. :

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

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