Reaffirmation Agreement Filed Wrong

[LostinMi]

Brief history before you hear my problem -- husband & I filed seperately. I live in our financed home, he rents another place. I sent papers to reaffirm MY mortgage to the mortgage company yesterday.

Problem was -- the papers our lawyer gave me were for him, so mortgage rep told me to cross his name & case # out and put mine. That's what I did.

Today on PACER, the reaffirmation agreement shows up on his case. The first 2 pages are just "cover" type pages with his name & case #.... the last 2 pages are the actual pages that I changed to my info and signed. So, if anyone were to look -- it's very clear that I signed them and he did not.

I have to wait a little while before the mortgage rep will be in her office to talk with her about this mistake!

Any ideas on how hard this will be to clear up?

[Minnymouth]

You didn't say if the mortgage was in both of your names.... usually is..

You need to get this straightened out as soon as possible.

Why did you and your husband not file together??? You said you both filed separately....

Minny

[LostinMi]

Yes, the mortgage is in both our names.

The reason we filed seperately is because we don't live together. I plan to reaffirm the mortgage since I will be keeping the house.

[Minnymouth]

Ok, now you need to find out if he claimed the home too in his bankruptcy.......
Contact the mortgage people and let them know YOU are the one reaffirming on the home and that they need to send papers to you....
It may be a situation where you both have to reaffirm in order for one of you to keep it....

Touchy situation being separated and filing BK - who claims what???

You might need to check with your attorney if you have one....over the house issue and exemptions.

Minny

[LostinMi]

We used the same attorney....just to avoid those specific problems (exemptions, equity, etc.) She actually told us the he couldn't reaffirm the mortgage since it was no longer his residence.

The mortgage rep knew the situation - that I was living in the house and planned to reaffirm. Husband not living there and not reaffirming.

I think (hope) it was just a "clerical" error because of the first 2 pages. I only sent her back the last 2 pages because those were all that I had to write on & sign.

Thanks for all of you help! I will report back here when I get it straightened out!

[Minnymouth]

Yes, get it cleared up now before it goes any further....
and keep us posted....

Minny