Bankruptcy Forum

Already filed....can reaffirmations be changed?

Winger19
07-27-2006, 03:54 PM
Hi All,
I filed through an Atty on July 12th. I had planned to reaffirm my 1st and 2nd mortgage and it was listed as such in the paper work. Have not signed anything as of yet.

As it now stands I will also be getting a divorce. I would like to stop making the house payments and give the house back to the bank so I will have money to pay for rent and a security deposit.

Not taking anything else like the means test into consideration....can I still change my mind on the reaffirmation.....
thank you

gacreditguy
07-27-2006, 05:09 PM
As long as you have not signed an official reaffirmation agreement and no reaffirmation agreement has been filed with the court you have nothing to worry about. Plus, if you had already signed one and it already filed as part of your proceedings you would have 60-days from the date it was filed with the court to rescind it. Just call your attny and let her/him know that you no longer intend to reaffirm the mortgage..

SinkingFast
07-27-2006, 05:30 PM
As GA said, if you haven't signed any thing, the loans aren't officially Reaffirmed. You stated an intent to reaffirm in your petition is all. You have to sign papers and they have to entered in as part of Court record before it's all official.

Winger19
07-27-2006, 05:57 PM
I appreciate the help guys. That's 100 lbs off of the million pounds weight on my shoulders right now.
thanks again