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    Reaffirmation Question

    Hi, I am hoping someone has been in my position and has suggestions for me or something. Anyway, DH and I live in Indiana. Filed Chap 7, we are reaffirming our mortgage and our vehicle. October 24 (or there abouts) we had the meeting of creditors. By the time we had that meeing car company had already gotten reaff agreement to our atty. Not a problem. The mortgage comp on the other hand has been giving us the ROYAL run around. Through most of November they said they were working on it. You have 30 days to get it done after the first meeting of creditors so on Nov 22 we filed for an extension. We have been going rounds with them for weeks and now the extension deadline is tomorrow and they still haven't done the paperwork. The mortgage is current. I don't know what to do. Atty said they will try to file another extension since tomorrow is the deadline. We went rounds with them again today, with them saying it takes a few week and that they didn't start their reaff process until after we filed for the extension in November. I just don't know what else to do. I am so scared we are going to lose the house. I have a payment coming due that if I am going to lose my house anyway, I really don't want to make (I hope that makes sense, if I am going to lose the house I would rather just move the kids and get this whole thing done with).

    Has any one ever had to fight with their mortgage comp for a reaff??

    Thanks in advance.

    #2
    You're doing all the right things. If they won't coorperate, you or your attorney should make sure your bk judge knows about their stalling - he/she will be able to impel them to work with you, because the judge holds the power to deny or delay their request for lift of stay. My experience was that the bk judge was not too happy with my mortgage company for failing to 'be reasonable' - and gave me a 6 week continuance, effectively pushing their ability to foreclose out by three months.

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      #3
      We seem to be facing somewhat of the same problem with our car reaffirnment. Our last day is 12/25 and they finally sent our lawyer the reaffirnment papers to sign just this month. We did that immediately, lawyer sent them back to the car company on 12/15 for them to sign and resubmit back....we haven't seen them back as of yet. Talked to the lawyer today and he said that the ball was now in their court He said it would probably take at least a week for our case to be discharged but if we didn't get the papers back in time, then no reaffirnment.
      I don't understand why these ppl are taking their time with it knowing our last date to reaffirm. Both our mortgages are finally finished but it took them forever to send the papers also. Why do these ppl wait so long to do this? I just don't understand. We are current on our car also but I don't want to make payments on something they can take from me at any time either.
      Good luck on reaffirming your morgage and I truely hope it all turns out well.
      9/28/06: Filed Chapter 7
      10/25/06: 341 meeting Done!
      12/25/06: Last day for objections.... Dear Santa, can we have a bk discharge for Christmas please?
      1/12/07: Discharged & closed!!

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