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REAFFIRMATION QUESTION

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Anonymous
Not applicable

REAFFIRMATION QUESTION

I recently filed CH7. I told the attorney i want to keep and continue to pay my mortgage and that if i had to sign some sort of reaffirmation.. if required my mortgage company, then so be it. That was until i read all the forums about why would you. So in my papers that we filed, she put i want to retain/reaffirm mortgage. If im asked this at my 341 meeting, is it set in stone that i have to do so. Could i tell them i plan on it and not do so..unless my mortgage company requires it. Im knew to this, so bare with me. I didnt have a prob with signing till i read about the cons. Im currently in a perm. modification with my mortgage. I dont even know how that will be affected either.

Message 1 of 8
7 REPLIES 7
gdale6
Moderator Emeritus

Re: REAFFIRMATION QUESTION


@Anonymous wrote:

I recently filed CH7. I told the attorney i want to keep and continue to pay my mortgage and that if i had to sign some sort of reaffirmation.. if required my mortgage company, then so be it. That was until i read all the forums about why would you. So in my papers that we filed, she put i want to retain/reaffirm mortgage. If im asked this at my 341 meeting, is it set in stone that i have to do so. Could i tell them i plan on it and not do so..unless my mortgage company requires it. Im knew to this, so bare with me. I didnt have a prob with signing till i read about the cons. Im currently in a perm. modification with my mortgage. I dont even know how that will be affected either.


I would amend the filing and remove the retain/reaffirm and just keep paying it.

Message 2 of 8
DaveInAZ
Senior Contributor

Re: REAFFIRMATION QUESTION

You have absolutely nothing to be worried about, filing that you intend to reaffirm is just that - that was your intention when you filed, but you're free to change your mind, even if you say you still intend to reaffirm at your 341 meeting. And as for "unless my mortgage company requires it" - no one can be required to reaffirm, not you, nor the mortgage company. Some creditors will even refuse to accept a reaffirmation agreement. That's fine, as long as you stay current on your payments there is absolutely nothing they can do.And your loan modification has nothning to do with anything with regards to BK.

 

When retaining my attorney I told him I wanted to reaffirm my mortgage. He arggued strongly against it. I told him I was going to reaffirm, and if he would not do that I'd find another attorney. So, we filed w/intent to reaffirm. The trustee asked at my 341 creditors meeting if I was going to reaffirm and I said "yes". And that was truthful, I assumed my attorney would take care of it. I was woefully uninformed on BK proceedings. I didn't know anything about that a reffirmation agreement was required to be signed by all parties and approved by the BK court until after my discharge when I called the bank to resume auto debit payments and they told me they had sent an agreement and had no response - not only did my attorney not forward it to me, he never even told me about it.

 

Four years later I'm still mad as I feel my attorney mislead me. I even filed a complaint with the state bar; he's now listed as "retired". But, 4 years later I'm still paying on that not reaffirmed mortgage and have to admit I'm probably better off in being protected in the highly unlikely event I ever fall behind in the payments.

Message 3 of 8
ezdriver
Senior Contributor

Re: REAFFIRMATION QUESTION


@Anonymous wrote:

I recently filed CH7. I told the attorney i want to keep and continue to pay my mortgage and that if i had to sign some sort of reaffirmation.. if required my mortgage company, then so be it. That was until i read all the forums about why would you. So in my papers that we filed, she put i want to retain/reaffirm mortgage. If im asked this at my 341 meeting, is it set in stone that i have to do so. Could i tell them i plan on it and not do so..unless my mortgage company requires it. Im knew to this, so bare with me. I didnt have a prob with signing till i read about the cons. Im currently in a perm. modification with my mortgage. I dont even know how that will be affected either.


Indicating intent to reaffirm is meaningless. To reaffirm, the lender will produce a reaffirmation agreement that must be signed by you, your attorney and approved by the trustee. Until/unless that occurs, your mortgage debt will be discharged.

I personally recommend that your do not reaffirm any debt ... mortgage included. There is a huge downside to reaffirming debt in a bankruptcy filing and very little upside. Don't get mad at your attorney if he/she advises you to not sign a reaffirmation agreement because theyare giving you very sound legal counsel.

 

 

 

Message 4 of 8
bwflorida
Member

Re: REAFFIRMATION QUESTION

 

Indicating intent to reaffirm is meaningless. To reaffirm, the lender will produce a reaffirmation agreement that must be signed by you, your attorney and approved by the trustee. Until/unless that occurs, your mortgage debt will be discharged.

I personally recommend that your do not reaffirm any debt ... mortgage included. There is a huge downside to reaffirming debt in a bankruptcy filing and very little upside. Don't get mad at your attorney if he/she advises you to not sign a reaffirmation agreement because theyare giving you very sound legal counsel.

 

ezdriver... what is the huge downside to reaffirming debt you refer to?
I ask because I'm totally confused about that aspect of my own BK, in which a property was NOT reafirmed, even tho I instructed the atty to do so. 


 

Message 5 of 8
despritfreya
Frequent Contributor

Re: REAFFIRMATION QUESTION


@bwflorida wrote:
what is the huge downside to reaffirming debt you refer to?I ask because I'm totally confused about that aspect of my own BK, in which a property was NOT reafirmed, even tho I instructed the atty to do so.

 


Simple. . . if you enter into a reaffirmation agreement that is approved by the court and then default, the creditor can sue the crap out of you since your discharge does not apply to the reaffirmed debt.

 

Des.

Message 6 of 8
jim44
Established Contributor

Re: REAFFIRMATION QUESTION

+1 and if your are foreclosed and there is a defiiciency, your lender can get a judgement against you.  You should check out FL foreclosure law in the state of Florida as thiese laws differ from state to state.

Message 7 of 8
ezdriver
Senior Contributor

Re: REAFFIRMATION QUESTION


@bwflorida wrote:

 

Indicating intent to reaffirm is meaningless. To reaffirm, the lender will produce a reaffirmation agreement that must be signed by you, your attorney and approved by the trustee. Until/unless that occurs, your mortgage debt will be discharged.

I personally recommend that your do not reaffirm any debt ... mortgage included. There is a huge downside to reaffirming debt in a bankruptcy filing and very little upside. Don't get mad at your attorney if he/she advises you to not sign a reaffirmation agreement because theyare giving you very sound legal counsel.

 

ezdriver... what is the huge downside to reaffirming debt you refer to?
I ask because I'm totally confused about that aspect of my own BK, in which a property was NOT reafirmed, even tho I instructed the atty to do so. 


 

If you manage to get a reaffirmation of any debt approved by the trustee [which also means that you, your attorney and your lender have signed it], then you lost protection of the bankruptcy laws on that debt. Should you default on that debt after an approved reaffirmation, you can be sued for balance owed, fees/costs of lender to collect and/or deficiency left after the property is disposed of by the lender. If your goal is simply to stay in the property, then just keep making the mortgage payments on time.
 
 
Message 8 of 8
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