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    Help!!

    Ok i will try to make this short lol

    We recieved our discharge on the 11th. We are keeping our mortgage. I sent my reaff agrement to my lawyer a month ago. I found out tonite thru my mortage company that my lawyer did not turn in my reaff agreement on time it was supposed to be done before discharge.
    They are saying I have to reopen my case to get it fixed.

    Im scared to death will this raise a flag to the judge? I am just afriad something will go wrong. my case isnt closed yet just discharged.

    heeeeeeeeeeeeelpppppppppppppppppppppppppppp!!!!!!

    #2
    Don't let your martgage cmpany scare you into doing something that very likely is NOT in your best interests. Most filers do not reaffirm mortgage or car payments - they just make certain to keep making on time payments.

    Talk to your lawyer about this - it could be that he/she was doing you a big favor by not submitting the paperwork on time. DO NOT sign anything you receive from your mortgage company, and most certainly DO NOT reopen your bankruptcy to sign a reaffirmation that very well may not be necessary unless your lawyer says it truly needs to be done.

    Chances are 95% you can keep your house without reaffirming as long as you continue to make the payments on time. Open your case to sign the reaffirmation and if something happens in the future and you can't make payments, you lose the house AND still owe whatever's left on the mortqge. That's devastating financially, and you can't file bankruptcy again for 4 years (Ch 13) oe 8 years (Ch 7).
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      As LRPRN says, the mortgage lender is most likely using scare tactics.

      Call up your lawyer and talk with them. Depending on state laws you most likely don't need to reaffirm so long as you continue to make timely payments, indeed this could be a favor to you by the lawyer just in case things get worse .
      May 31st, 2007: Petition Filed by my lawyer
      July 2nd, 2007: 341 Meeting Held
      September 4th, 2007: Discharged and Closed.

      Comment


        #4
        thanks to everyone who replied. My biggest fear is the lady i spoke with at citimortgage said if i dont reaffirm my mortgage will stay in the bankruptcy division for the life of the loan. She said that in order to EVER refinance or sell my house, I will need to open my case up and get it fixed. i am like freaking out!!!!!!!!!!

        Comment


          #5
          Originally posted by luv2bfrugal View Post
          thanks to everyone who replied. My biggest fear is the lady i spoke with at citimortgage said if i dont reaffirm my mortgage will stay in the bankruptcy division for the life of the loan. She said that in order to EVER refinance or sell my house, I will need to open my case up and get it fixed. i am like freaking out!!!!!!!!!!
          Your lender cannot hold your home hostage to force you to sign a reaffirmation agreement - they are voluntary.

          A NACA (National Association of Consumer Advocates) attorney would be very interested in hearing your story. Here's their website - http://www.naca.net/ - try the Predatory Lending Practices link on the upper left to see the types of mortgage-related issues they can help consumers with. To speak with one of their lawyers (they are non-profit so no money from you is involved) enter your contact information here - http://www.naca.net/contact-naca/
          I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

          06/01/06 - Filed Ch 13
          06/28/06 - 341 Meeting
          07/18/06 - Confirmation Hearing - not confirmed, 3 objections
          10/05/06 - Hearing to resolve 2 trustee objections
          01/24/07 - Judge dismisses mortgage company objection
          09/27/07 - Confirmed at last!
          06/10/11 - Trustee confirms all payments made
          08/10/11 - DISCHARGED !

          10/02/11 - CASE CLOSED
          Countdown: 60 months paid, 0 months to go

          Comment

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