Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Bank say reaffirm or else

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

  • Bank say reaffirm or else

    My attorney contacted me today and said that the bank that I have my mortgage with notified them that if I do not re-affirm my mortgage, they will proceed with taking my home away.

    I have never missed a payment. Never been late. Even throughout my bankruptcy since filing.

    I was heeding the advice that I read on here about never ever signing a reaffirmation on a mortgage, and now it's critical decision time.

    Any thoughts?

  • #2
    Unless we are talking about a mobile/manufactured home, which is treated like a vehicle for bankruptcy purposes, your attorney is incorrect. In no state can a mortgage lender declare the loan to be in default, refuse to accept monthly payments, and attempt to foreclose simply because the loan was included in Chapter 7 bankruptcy. You do NOT have to reaffirm the mortgage, and as long as you keep making the payments, you will be able to keep your home.

    Comment


    • #3
      Nope. Not a mobile/manufactured home.

      I actually point blank asked my attorney if I keep making payments can they still take the house, and she said that is correct. Either you sign the reaffirmation or they will get your home.

      I'm upset more at the thought of having to move than I am at losing the house. I do not want to take on the expenses of moving, and finding another place and utilities etc.

      Either way, I guess I will be looking at a battle with the bank as I am pretty committed to not signing the reaffirmation.

      Comment


      • #4
        It shouldn't be much of a battle, since they cannot do what they say they are going to do.

        (We are talking about a BANK, and not a credit union -- right?)

        Comment


        • #5
          anyone - what exactly is the controversy or issue w/ reaffirming or not reaffirming the mortgage in a ch7? i just filed ch7 w/ an attny and i own a house,,,
          Last edited by rayrod; 10-06-2017, 09:31 AM.

          Comment


          • #6
            @cagriffinbd I'm sorry, but you're in the 11th Circuit (U.S. Court of Appeals), and the caselaw is that you MUST reaffirm, redeem or surrender real property in a bankruptcy case. Now, some creditors don't care and let you slide. The creditors that typically care are the ankle-biting credit unions and small (regional) banks. My bank didn't want a reaffirmation (Bank of America). I know that small credit unions demand the reaffirmation or they'll go into the bankruptcy court.

            In fact, Florida bankruptcy courts have recently been flooded with banks coming back to the bankruptcy court to compel debtors to abandon their homes (because they selected "surrender" on the statement of intentions and did not reaffirm or redeem). These debtors stopped paying and then would hire foreclosure attorneys to stall the lawsuits. The banks cried fowl, and they were heard loud and clear by the court. The court is forcing those that, under pressure from the bank, are fighting the bank in court over foreclosure.

            The seminal case is (In re Taylor), 3 F.3d 1512. (11th Cir. 1993)
            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


            • #7
              We reaffirmed our home and both auto leases during our Chapter 7. The reason was that we plan on keeping our home and vehicles. They say to never reaffirm because you’re stuck if something happens in the future. Since we reaffirmed, our vehicles and home show on our credit report as being paid on time which is helping rebuild our credit! In my opinion, if you feel comfortable reaffirming your home, you should. If you are still uncomfortable with your bills or job situation, you shouldn’t reaffirm. After our Chapter 7 was discharged, we have approximately $1500 per month left after all of our bills are paid!

              Comment


              • #8
                I went ahead and reaffirmed. My deadline for objecting discharge was Monday of this week. No it's the waiting game on when I'll discharge....and who knows when that will be.

                I hope to be be free and clear from all of this soon, and start my climb back to the top.

                Comment


                • #9
                  JustBroke,

                  Thank you for that explanation.

                  There are SO many people on these forums that swear up and down that they know the bankruptcy laws for every state and such....and then come to find out they are in fact wrong.

                  Many times the people that are completely naive to what you can and cannot do in bankruptcy are led astray by "opinions" that are shared in this forum. I've had numerous people that declared to me there was absolutely no way the bank could take my property as long as I continued making my payments.

                  Come to find out, their declarations of fact were completely and utterly false.

                  My recommendation to anyone considering bankruptcy is....TRUST YOUR ATTORNEY. Don't take what you read on a forum and run with it.

                  Thanks again, JustBroke. What you wrote about the 11th Circuit Court is exactly what my attorney discussed with me. Without me even saying anything about it, my attorney said "You can't believe everything you read in a bankruptcy forum."

                  Comment


                  • #10
                    Originally posted by cagriffinbdx View Post
                    My recommendation to anyone considering bankruptcy is....TRUST YOUR ATTORNEY. Don't take what you read on a forum and run with it.
                    That deserved repeating. I tell people to take what I'm posting with a cup, not a grain, of salt.

                    Originally posted by cagriffinbdx View Post
                    Thanks again, JustBroke. What you wrote about the 11th Circuit Court is exactly what my attorney discussed with me. Without me even saying anything about it, my attorney said "You can't believe everything you read in a bankruptcy forum."
                    We're "special" here in the 11th Circuit Court of Appeals. I'm not even sure any other circuit has this special exception (and hence why it hasn't gone to the Supreme Court for review). The bankruptcy laws are so affected by underlying State non-bankrutpcy laws and the U.S. Circuit Court for that circuit, that it's nearly impossible to know "all the laws" related to bankruptcy specific to every individual State.



                    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


                    • #11
                      I'm guilty of believing what bcohen stated so confidently above about "no state" -- also because I've been on this forum for over a year and this thread is the first one where I've seen this special exception discussed. We are told over and over not to reaffirm and that we don't have to. I apologize for chiming in when I clearly did not understand how things go in your particular circuit. My post was meant to be reassuring and I apologize for my ignorance on the matter. Hope it all works out for the best!

                      Comment


                      • #12
                        It's okay about not understanding Florida, Alabama and Georgia (the 11th Circuit) because we are different. What even confuses the local attorney here, is that many still put "stay and pay" on the Statement of Intentions and everything is fine. (Some banks don't care, but many are getting "smart."). This recently became a really hot topic specifically because people would put "stay and pay," have their case discharged, and stop paying. After not paying the mortgage for months/years, debtors would then fight the bank in court over a foreclosure. Some smart foreclosure lawyers went back into the bankruptcy court to force the debtors to "not" fight because "retain and pay" is the nolo contendere version of surrender. The courts here in the 11th all sing in unison that a debtor that surrendered can't fight the creditor in any other court.

                        Now, technically, under the covers, bcohen is correct that a creditor couldn't otherwise foreclose on a home where you are current and are maintaining hazard insurance. The creditor could foreclose if you "abandoned" the home and that's why they fight, here in the 11th Circuit, to force abandonment when you are trying to stay and pay.

                        The key phrase that the courts in the 11th have used is in section 521 of the bankruptcy code... "within 30 days after the first date set for the meeting of creditors under section 341(a)... [the debtor must] perform his intention with respect to such property," At least here in Florida, they give you a choice to "perform your intention" or have your case re-opened and your discharge revoked. (Yes, a harsh reality here, but this isn't enforced nearly as much as it seems.)
                        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

                        Unconfigured Ad Widget

                        Collapse
                        Working...
                        X