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Reaffirmed mortgage but company doesn't have record of our loan any more...

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  • Reaffirmed mortgage but company doesn't have record of our loan any more...

    We are obviously waiting on a call back from our attorney, but are in slight panic mode.... Our mortgage disappeared from our online account access. We called Huntington and the rep could not literally find our loan- my loan number, social security number, or address were not in their system. We have signed a reaffirmation agreement and the case has just been filed (haven't even gotten a case number yet). Is anyone familiar with this or know what on earth could be going on. We can't lose our house!!!

  • #2
    I'm not sure why your attorney had you do a reaffirmation agreement as they are almost always (99.99% of the time) unnecessary. As for the bank losing your loan, there's nothing I can say. Every bank that I know, that issues mortgage loans, will remove your online access as soon as they hear of the filing. You typically don't get it back even after discharge (and not even after reaffirmation unless you provide an affidavit). If the bank can't find your loan, maybe they have protections in place so that no person would attempt to collect on the loan while you are in an active bankruptcy. Most of these lenders have a specialized department, the bankruptcy department, which handles these specific cases.

    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog


    I am not an attorney. Any advice provided is not legal advice.

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    • #3
      I know this sounds stupid but when you called did you ask to speak to the bankruptcy dept. It's not uncommon for online access to be revoked during the bk, so don't panic about that.
      Just a thought, call back.
      Filed Chapter 13 - 07/20/12
      Discharged 8/2/16

      Comment


      • #4
        Huh. The attorney said basically if you're keeping your home then sign this. Are there any downfalls to doing one?? We finally called Huntington again and talked to another person. We specifically told the first person that our acct was never late, but they transferred us to the dept that only deals with late accounts. We didn't know that's who we were speaking with and that person didn't think to clarify who she was or why possibly she. Pulsing see our information. Obviously if we were ever late the delinquent acct person wouldn't see.... ugh. Anyway. False alarm. The last person finally knew what on earth was going on. Yes, they said it's a legality thing why you can't have online acct access because of all of the promos/rate solicitations etc but that they do in fact have all of our info up up to date and we just have to call and pay. Heart attack of the day...

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        • #5
          Read this... http://www.bkforum.com/forum/before-...-very-bad-idea

          Is Huntington a credit union?
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog


          I am not an attorney. Any advice provided is not legal advice.

          Comment


          • #6
            Goodness. No, Huntington is not a credit union.

            Comment


            • #7
              Originally posted by Biblionerd View Post
              Goodness. No, Huntington is not a credit union.
              I didn't think they were but needed to double check. Maybe your attorney knows why you "must" reaffirm a mortgage in Indiana. It would certainly be a better advantage if you did not need to do so.

              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
              Status: (Auto) Discharged and Closed! 5/10
              Visit My BKForum Blog: justbroke's Blog


              I am not an attorney. Any advice provided is not legal advice.

              Comment


              • #8
                There is no need to reaffirm a mortgage--ever. There is no state which allows a lender to refuse payments and foreclose instead, solely because you discharged the debt in bankruptcy. This is different from a car loan, as some states do permit a lender to refuse payments and repossess the car if not reaffirmed, and some lenders are very aggressive about this. You should contact your attorney and ask that he rescind the reaffirmation, or refuse to sign the form that it's not a hardship, in which case the judge will deny the reaffirmation.

                Comment


                • #9
                  What bcohen said! Please read the link Justbroke provided.
                  LadyInTheRed is in the black!
                  Filed Chap 13 April 2010. Discharged May 2015.
                  $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                  Comment


                  • #10
                    Originally posted by justbroke View Post
                    I didn't think they were but needed to double check. Maybe your attorney knows why you "must" reaffirm a mortgage in Indiana. It would certainly be a better advantage if you did not need to do so.
                    I'm in Indiana and our attorney said our mortgage company (Wells Fargo) "probably won't even send a reaffirmation agreement unless we ask for it". She came up with no good reason why we would do this.

                    Certainly not necessary -- and frustrating to hear that options were not discussed. Sorry, OP.

                    Comment

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