I was denied my Car-Reaffirm...Yippee!!!!

[BrokeinMD]

Thanks, Push!

Hey, Debee, you have a link to that case law you can post? Thank ya!

[debee]

I don't have links but I have some case names from notes I took awhile back when looking up reaffirmations in general. I didn't copy down the full citations because it wasn't necessary for my purposes, but if you google what I give you along with key terms and the state names, you should be able to track them down. In re: Chim (MD), Stevens (VA), Husain (VA), and Hinson (NC). Those should all be personal property backdoor ride-throughs.

[BrokeinMD]

That will help! Thank you, kindly!

[tcreegan]

Hi BrokeinMD,

Thanks for posting the nice description, someone about to go into that situation can read your post and feel all good about it!!

Good Job!!

Tom in Colo

[BrokeinMD]

Thanks, Tom. It is my complete intent to lessen the fear of those who go after me. It was not frightening at all.

I should have mentioned earlier that for the cases I witnessed, including mine, the creditors attorneys didn't even show up.

[tookie708]

Hi BrokeinMD - happy to hear things worked out!

[BrokeinMD]

Thanks, Tookie! I don't see the pot of gold yet, but the rainbow is definitely beginning to break through the clouds!

[mysticspirit25]

Wait a minute, two of my friends filed pro se one this past year and one the year before, both had vehicle loans, and both owed money. Never was asked to do a reaffirm, just stated that on the 'intent page' of the petition. They did a ride through, got a discharge, and in MD. Nobody cared. How come your case was different?

ETA: And after the discharge, they 'negotiated' with the creditor to settle the debt for pennies on the dollar. The cars weren't even under water.

[BrokeinMD]

Difference = Probably Lender, Suntrust. I checked re-affirm on my petition for it, too.

An interesting thing to note, when I paid my car the teller let me know as she processed my payment to look into a re-fi, as their car loan rates dropped. I never had a teller say that to me, so I think she was hinting to what you mention, Mystic.

[mysticspirit25]

Maybe, I know one lender was the Credit Union Loan Source, I've never heard of them, and another was Franklin Security Bank, and the other was American Honda Financial. Who knows. In any case, my buddy who had 17k left on his loan, settled the loan and received clear title for $4000, and the vehicle booked at about what he owed. I don't know why they settled. Maybe because they never pressed the reaffirm issue.

[BrokeinMD]

I just looked at my papers. It is a Suntrust thing for me. On the cover letter to my attorney, it states:

"Suntrust does not permit its customers to retain collateral absent reaffirmation or redemption."

They had me reaffirm $14k, and back in December when they sent this, the vehicle was at market value of $16,750, so I wasn't under water.

It would be a nice project after I'm discharged to see if I can get it knocked down. Can you get some tips from your buddy how he initiated the conversation?

[mysticspirit25]

I doubt Suntrust would have enforced their policy. I know he called the lender several times stating that he wanted to just pay off in one lump sum to get clear title, and he was transferred to a collection manager who started screaming at him threatening reposession and court and all kinds of stuff that could not legally happen (as the debt was discharged) and he was current, so he emailed the CEO of the bank stating that the collection manager threatened to take him to court, they pulled the tape recording of the call and sure enough there was the threats. He threatened to reopen his bankruptcy and file a motion for contempt as they were threatening court action they could not legally take (garnishment's, lawsuits) and he agreed to settle for $4000 as full payoff. It was a case of a hot headed collection /customer service supervisor not reading the notes to see that personal liability had been discharged.

[BrokeinMD]

Wow....That's a story. I don't think I want to go through all that. Yes, their collections people are not pleasant. Before I filed, I was a week late in paying them (mind you, still in their so-called "grace period") and called them to see if they would take a payment over the phone. I got transferred to one of those hot headed types, who said he wasn't going to take my payment over the phone, and started asking for my work number, etc. I said, "Whoa, buddy, I'm calling to give you money. You're giving me a hard time when I'm offering you cash, and you just want info instead? Never mind, I'll pay it at the bank," and I hung up on him.

My attorney advised to go with it, as he knew the judge would deny it, which was the strategy I took, rather than gambling with chasing the repo man down the street. Now that you've made me look at this paperwork again, Suntrust did knock $800.00 off. How nice of them!