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341 Today, undecided about mortgage reaafirm

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Anonymous
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341 Today, undecided about mortgage reaafirm

Prior to my filing BK, I applied for the HAMP modification, as I was months late on my payments.  We were almost at the end, but haven't gotten to the point of signing the contract yet, a  I am nervous about my meeting today because atty told me they received a reaffirm from my mortgage company, and I am not sure I should sign it.  I have been making payments on time since Spetember or October of last year.  The foreclosure process was never started.  Although, my recent payments started my catch up process, I am still technically behind on mortgage payments.  Any suggestions?

Message 1 of 7
6 REPLIES 6
StartingOver10
Moderator Emerita

Re: 341 Today, undecided about mortgage reaafirm


@Anonymous wrote:

Prior to my filing BK, I applied for the HAMP modification, as I was months late on my payments.  We were almost at the end, but haven't gotten to the point of signing the contract yet, a  I am nervous about my meeting today because atty told me they received a reaffirm from my mortgage company, and I am not sure I should sign it.  I have been making payments on time since Spetember or October of last year.  The foreclosure process was never started.  Although, my recent payments started my catch up process, I am still technically behind on mortgage payments.  Any suggestions?


This is my opinion only:  don't reaffirm your mortgage.

Based on your continued difficulty with paying the mortgage, it may be in your best interest to not reaffirm and just make payments to keep the house. However, your best resource is your attorney. He can go over the reaffirmation agreement with you. If it is something you want to do, then take the reaffirmation terms seriously because once it is reaffirmed you are responsible for repayment in full.  You can change the terms of the reaffirmation agreement - see if the bank will accept it or not. Discuss your options. If you have a tough time affording the payments and are upside down, maybe you should let it go. 

Message 2 of 7
DaveInAZ
Senior Contributor

Re: 341 Today, undecided about mortgage reaafirm

Well, here's the situation on reaffirming vs. not reaffirming: If you reaffirm you are liable for the entire unpaid balance of the mortgage PLUS any & all late fees and penalities they are entitled to levy. And if they foreclose and sell the house for less than the mortgage balance + late fees/penalties, you are liable for that amount, known as a "deficiency". And it is not uncommon for foreclosed homes to sell for less than the amount owed, as foreclosed homes are usually sold at auction, which usually is the lowest price the home might sell for.

 

If you do not reaffirm, all they can do is foreclose on the house. The debt is discharged in BK7, the only action they can take is to foreclose on the home that secured the mortgage. And since you have already been "months late on the payments" they might be entitled to foreclose even if you keep making payments. It depends on the wording in the mortgage note & your state laws. I know my mortgage has a clause that states that their failure to foreclose if I was ever 30 days late does not prevent them for foreclosing in the future, and that is allowed in Arizona..

 

In most situations it is not in your best interest to reaffirm any debt that can be included in a BK.

Message 3 of 7
Anonymous
Not applicable

Re: 341 Today, undecided about mortgage reaafirm

The 341 Meeting wasn't anything I though it would be.  I imagined me against the world locked in a office face to face...Lol. 

 

I haven't had a chance to speak with my attorney, directly, about it.  I plan too.   Thank you for your response StartingOver10!!  The more I think about it, the more I agree with you.  The attorney that represented me today was not the one I have dealt with, so he wasn't too familiar with my case.  ( kind of disheartening).

Message 4 of 7
TXinandout
Frequent Contributor

Re: 341 Today, undecided about mortgage reaafirm


@Anonymous wrote:

Prior to my filing BK, I applied for the HAMP modification, as I was months late on my payments.  We were almost at the end, but haven't gotten to the point of signing the contract yet, a  I am nervous about my meeting today because atty told me they received a reaffirm from my mortgage company, and I am not sure I should sign it.  I have been making payments on time since Spetember or October of last year.  The foreclosure process was never started.  Although, my recent payments started my catch up process, I am still technically behind on mortgage payments.  Any suggestions?


Don't reaffirm, this is not in your best ineterst. Just keep on paying and you won't lose the house or anything.

 

In many, many occasions the mortgage company never reports anyway..

 

Good luck!

BK Discharged 06/02/2016 SCORES AROUND 475

Current scores:
EXP-667
EQ-654
TU-653
Message 5 of 7
Anonymous
Not applicable

Re: 341 Today, undecided about mortgage reaafirm

My bankruptcy was filed 11/29/2016.  I made the November payment and the December payment.  Wouldn't they reject the payment if they planned on foreclosing?  Thanks for your insight, DaveInAZ.  I read myFICO forum all morning looking for information on this situation.  I am hoping my attorney will be knowledgable on this subject.

Message 6 of 7
DaveInAZ
Senior Contributor

Re: 341 Today, undecided about mortgage reaafirm


@Anonymous wrote:

My bankruptcy was filed 11/29/2016.  I made the November payment and the December payment.  Wouldn't they reject the payment if they planned on foreclosing?  Thanks for your insight, DaveInAZ.  I read myFICO forum all morning looking for information on this situation.  I am hoping my attorney will be knowledgable on this subject.


Oh no, most lenders will be happy to accept any payments right up until they file foreclosure. 

 

But I don't want to alarm you, I think it is rare for most lenders to foreclose if the borrower is making payments. And AZ is a harsh state, it is a "non-judicial" foreclosure state. In most states the lender has to go before a Judge to grant them a foresclosure, in a non-judicial foreclosure state all they have to do tp foreclose is post legal notices in newspapers & the property, and then have law enforcement evict you if you won't leave on you own. So, when I knew I was going to file BK in 2010 I read through my mortgage carefully and saw that clause about them able to forclose later if ever late. I'd never been late, and during BK I went to the post office & bought money orders and mailed payments to them, and then got them to accept bill pay payments from my bank after discharge.

Message 7 of 7
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