"Lost" reaffirmation agreement....

[CPO]

Greetings...

So, my saga continues...

My meeting of creditors took place on 9/11 (yea, great day for that, huh?)

I was just in the waiting game.

Shortly after my lawyer and I departed the meeting room, we went over my reaffirmation agreement together. He signed the appropriate documents, and directed me to the areas I needed to sign and we parted ways.

I stopped by an eatery on the way home, re-read the documents, signed them and stopped by my place to make copies.

Grabbed an envelope, stamps (I over stamped the envelope as it looked well stuffed so I included "extra" postage) and mailed it to FORDs' attorneys here in the Dallas area.

Never thought about it much since then, other than it would be nice when its all over. I checked Pacer a few times but there were no changes.

Get a call from my attorney today. Says he needs to speak with me about my reaffirmation agreement...

Its too late to return his call by the time I get home.

Curious, I log onto Pacer.

FORD attorneys had filed a motion for relief of the stay as they claim they never received the reaffirmation agreement.

Guess they want their "collateral" back...

I find this interesting as the car IS worth more than what I owe on it.

I'm leaning toward this may be an attempt at "forcing" a repo under the guise of "non receipt" of the reaffirmation documentation.

It was mailed, I know that. It was not mailed via traceable means. I did not feel it necessary. This was a mistake.

So, I'm left with my signed copies, by both myself and my attorney but no proof of mailing and a possible "scam" by FORD to retrieve a car worth more than the balance of the loan (but, only a few thousand dollars total anyway...its just a 2001 Taurus).

Appears a hearing has been set for 17 December.

I assume repo action will not occur before this? Am I correct?

And, what if: during my appearance, I again confirm my intent to reaffirm and produce my signed, dated document copies and swear to mailing them?

My payments are current, and always have been.

How do I know FORDs' attorneys are not lying about receipt of the documents. Seems to be in FORDs' best interest to NOT reaffirm....

How do I know the documents were not lost in the friggin' mail? It does happen.....

How do I know they are not buried on their administrative assistants' desk?

Something just does not smell right about this....

Hope its over soon...



CPO

P.S. The reaffirmation agreement is written on forms provided by FORDs' attorneys which were mailed to my attorneys office. The forms specifically state to mail them back to them, the attorneys for FORD.

[SinkingFast]

Pleading your case at the Hearing in December won't really do you much good. The Reaffirmation Agreement, signed by all parties, has to be filed with the Court before your Discharge Date.

With your 341 on Sept 11, 60 days falls on Sat, Nov 10th. Did the Trustee say your date for Objections would be Fri, the 9th or Mon, the 12th?

One thought for you. You could try to Overnight that sucker AGAIN, Return Receipt Requested. It'll cost about $20, but you'll be sure they got it this time. Maybe even include a prepaid Overnight, addressed envelope for the signed Reaffirmation Agreement to be mailed direct to your attny for filing.

[CPO]

Pleading your case at the Hearing in December won't really do you much good. The Reaffirmation Agreement, signed by all parties, has to be filed with the Court before your Discharge Date.

With your 341 on Sept 11, 60 days falls on Sat, Nov 10th. Did the Trustee say your date for Objections would be Fri, the 9th or Mon, the 12th?

One thought for you. You could try to Overnight that sucker AGAIN, Return Receipt Requested. It'll cost about $20, but you'll be sure they got it this time. Maybe even include a prepaid Overnight, addressed envelope for the signed Reaffirmation Agreement to be mailed direct to your attny for filing.

Thanks for such a quick response.

Perhaps we need to demand a signature from FORDs' attorneys, and file the documents with the court ourselves.

Could we simply copy FORDs' reaffirmation agreement documents, sign as applicable, deliver to FORDs' attorneys via courier, have the documents signed by them and immediately returned to us and then we file them with the court?

I know it sounds convoluted, but I just don't think they want to sign them and this is merely a ruse to avoid a reaffirm.

I know for a fact the documents were completed and signed almost immediately after my 341 and mailed to them...

...using the same mail the court uses to inform me of this "motion" which I have yet to receive....

If we sign again, who's to say they don't lose them again?

My point is how do we force them to sign documents they don't want to sign?

They say we did not reaffirm, we say we signed the documents as noted in their instructions and returned the documents TO THEM as instructed...

...and the interesting thing is...

...it was left up to them to file the documents...

...perhaps they did not want to do so....

They want their car back. It's easy to say "Well, we just did not get the documents back"

...and instant "default..."

Meanwhile the documents are churning in FORDs' attorneys shredder....

I will speak with my attorney this morning and see what he says...

I'm just suspicious.

CPO

P.S. the loan balance is about $2700.00. The retail value (what the dealer would try and sell it for) is $7050.00

And, I will find out the last day for objections...I never actually heard a date so stated and was really hoping on an uneventful conclusion to the case. I see the conflict.

[whatamess]

I WONDERED when I would hear a fincance company would pull that one. Knowing well that they could make money on the deal, they are total rats. My attorney said Ford MC was the jerks of the car company world and the only ones who ever repo'd a discharged debt despite current payments (when possible in your state).
GOOD LUCK CPO!
Our last day for objections is the same.
WAM