Reaffirmation Hearing after Discharge- Should I recind?

[mixer99]

Hi all,

My chp 7 discharge was completed back in September, but my case has lingered open due to a reaffirmation agreement on my 2nd mortgage. I signed the form in plenty of time for a hearing pre-discharge, but the creditor didn't file it timely, so here we are.

So here is my question- The hearing is on 11/4 for the 2nd mortgage reaff. Could I just recind that and ask the case be closed? I did a ride-through paying all secured debts on or ahead of time. Therefore, I am not late, or delinquent on this.

What would you do? I honestly see no reason for my attorney to have to go to court on this when I can just recind it and still keep the house anyway.

Am I missing something here? Advice is welcomed!

[AngelinaCat]

At this point, I agree that it is rather pointless to reaffirm. You have been discharged and you have made the regular payments and on time, so I don't think you need to reaffirm.

I would show up at the hearing, or if you or your attorney can, get it canceled. Judges just don't like no shows at things like hearings.

[mixer99]

At this point, I agree that it is rather pointless to reaffirm. You have been discharged and you have made the regular payments and on time, so I don't think you need to reaffirm.

I would show up at the hearing, or if you or your attorney can, get it canceled. Judges just don't like no shows at things like hearings.

Thanks! I just emailed my attorney with my thoughts. I live in a tri-state metropolitan area, and she would have to drive about 75 miles to the actual courthouse for this. I am sure she will be glad to rescind and ask the case be closed.

[StartingOver08]

Don't reaffirm the second mortgage - rescind it. Thank goodness it was not filed timely by the creditor!