top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

attorney failed to deliver reaffirmation on home

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    attorney failed to deliver reaffirmation on home

    we hand delivered our reaffirmation papers on a car and our house within the time allowed by the attorney. We were assured it would be taken care of. We were notified that the bank had filed for a stay on the mortgage and when we called them the representative found no record of our reaffirming.

    We contacted the attorney's office and were placed on hold almost 10 minutes, then the receptionist told us she found our reaffirmation paper in our folder. IT HADN'T BEEN FILED YET. We had already had the meeting of the creditors on October 21 2005. If the bank had known we even wanted to reaffirm we might have been able to work out the repayment on the past due payments. Now we have to wait til after the stay is lifted which is being heard November 16.

    We wondered why the hearing never even so much as mentioned any reaffirming on our home or car. Why can't the past due payments be backed to the end of the loan and start fresh when filing chapter7?

    If we can make arrangements on the past due payments can the bank still foreclose? This whole mess is cuttting way too close to the time frame involved for all concerned and now with the holidays coming we can't plan for anything with this hanging over our heads. We have an FHA loan can't they help us?

    #2
    If you can't catch up the back payments you are in a position that the bank can and will foreclose on you......
    tell your lawyer thanks..........................
    Jump down your lawyers throat and get him on the ball and tell him to get this straightened out, before the stay is lifted and the bank gets a judgemet against you and forecloses.
    My lawyer failed to mark my petition to reaffirm also. HIs actions and the unperfected title on my home caused the Trustee to seize my home/land and sell them.....
    Soooo, get this FIXED as soon as possible...............this is your lawyers fault - no yours........

    Minny
    Minny

    "It's amazing the paths that our feet sometimes follow in life".

    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

    Comment


      #3
      It is my understanding that you have to be current as of the 341 to reaffirm. I don't know what all that is based on though. The only deadline that I am aware of is a reaffirmation must be complete before discharge.
      Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

      Comment

      bottom Ad Widget

      Collapse
      Working...
      X