he said i had too much extra money! I used to work alot of OT but have recently stopped. He said I have 2 choices work no OT for 4 months or file now and say I want to keep the house then don NOT reaffirm the mortgage and walk away from it. Any1 know if that would work sounds ike thay may consider that fraud to me?
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It would work, lots of folks do that. It's not fraud.
In many districts you can't use the expense of property you are surrendering. So it is a normal move by lawyers to have their clients state they want to keep the property. Get past the 341 and never sign or turn in the reaffirmation. Then after discharge you walk away.
He's probably trying to keep you in a 7. Probably feels without the house or waiting the 4 months you might have to much disposable income that throws you into a 13.May 31st, 2007: Petition Filed by my lawyer
July 2nd, 2007: 341 Meeting Held
September 4th, 2007: Discharged and Closed.
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So, when you would have your 341 meeting you tell the trustee that you want to keep the house. After the meeting you just don't sign anything to reaffirmation of the house? They(trustee) can't say anything to you about this?
Can this work if you are already behind on payments (a years worth)?Last edited by RK05; 08-29-2008, 11:47 AM.
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