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Mortgage reaffirmation question

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    Mortgage reaffirmation question

    My wife and I filed Ch.7 in March and had the 341 on April 7th. We have already reaffirmed the car, but we are waiting on WaMu to send reaffirmation papers. Our lawyer said don't worry about it, saying that if they don't get around to it and we have a financial crisis in the future, we can't be sued by WaMu for a deficiency judgement if we need to give up the house. He said our mortgage probably has a clause that allows them to call the whole note due after we file for BK with no reaffirmation, but they never do it.

    My question is whether there is a timeline for the bank to get a reaffirmation from us? Does it need to be done during the 60 day period before discharge, or can they do it whenever they feel like it?

    In case anyone is searching for info, our lawyer said that Countrywide is NOT doing reaffirmations. I figure they too much of their own trouble to deal with.

    #2
    Yes there is a timeline for the reaffirmation. It needs to be done during the 60 day period before discharge.

    Your attorney is right. Why box yourself in by signing the reaffirmation?
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

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