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What is with these lawyers?

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    What is with these lawyers?

    To make a long story short. Had a meeting today with my second Attorney. Spoke to them about possibly keeping the house, and how that would work.

    They said that they don't do Reaffirmation agreements as the current wording on them seems to make the lawyer responsible if you default. They said they always list the secured assets as "Retain/Make Payments." I said that was great, but what if I want to give up the house at a later date. He told me that they could still come after me for a deficiency judgment. I confirmed that the lawyer meant that there would never be a reaffirmation signed, and he again said that they would. He stated that we would have to "Re-open the Chapter 7" to throw the house in.

    Does this make any sense? Everything I have read on this forum seems to indicate that as long as you don't reaffirm, you can walk away at any time and be free and clear. Is this lawyer jerking my chain?

    Thanks,
    John

    #2
    Originally posted by jdenn47 View Post
    Does this make any sense?
    Don't hire this one, John. Keep on looking.
    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

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      #3
      I've heard that alot of lawyers don't want to sign reaffirmation agreements now, but this guy sounds real strange. I'd definitely look further. A bad lawyer could cause all sorts of unneccessary problems.

      We are not planning on reaffirming our truck, but we plan on doing a "back door" ride through where we continue making payments and hope they don't repo it. I've been told that we are no longer responsible for payments if we don't reaffirm and later decide to walk away from it.

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