What if Mortgage Company shows up at 341?

[spooby72]

I filed chapter 7 Pro Se and have my 341 next week. On our Statement of Intention we showed we would be reaffirming our mortgage. We are current and have never been late.

After searching through this site we are not sure we are interested in signing a reaffirmation agreement thus giving up our rights to bk protection. We were wondering how to respond if our mortgage company shows up at our 341with a reaffirmation agreement in hand for us to sign.

Can the mortgage company force or pressure us to sign this agreement?

How would the trustee look upon us not complying with the mortgage creditor...since we listed on the petition we were interested in reaffirming?

Will we be able to take the agreement home to study the terms and then sign at a later date if we are interested?

We may be willing to sign an agreement with the original mortgage terms if the company promised to list our note, paid as agreed, on our credit reports and not included in the bankruptcy. From what I have researched on this wonderful site, you don't want to give up your rights to protect the mortgage company because they can continue to report the mortgage as "included in banktuptcy" even if you are current and never been late....

What is the best way to protect your interests in regards to your credit reporting with this situation?

Thanks in advance for all your help and support!

[originalhealer]

I don't know a whole lot about mortgages, but I do know that you need to find out several things:

1. Are you required to reaffirm in your state? In my state, I must reaffirm, redeem or surrender all secured property. I cannot just pay and keep it without reaffirming.

2. If you do decide to reaffirm, they cannot make you sign an agreement without a reaffirmation hearing, because you filed Pro Se. So, even if the mortgage company shows up at the 341 meeting, there will be another reaffirmation hearing that will be scheduled at a later date.

3. Even if you sign the reaffirmation agreement, you have 60 days by which you can change your mind. Reference "How to file a Chapter 7 Bankruptcy" at www.nolo.com.