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Declaring Bankruptcy AFTER Loan Modification

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    Declaring Bankruptcy AFTER Loan Modification

    I was able to secure a permanent (not a trial) loan modification from Metlife in February. I signed and returned all the paperwork on February 25th and I've made the subsequent March and April payments on time. Metlife said that they show me as being current in the payment system, but the permanent modification may take a couple of months of more to make its way completely through their records. I checked my county's property records and the new paperwork has been recorded there.

    I've been holding off on declaring Chapter 7 until a "safe" amount of time has passed after the modification. Does anyone have an idea when that would be? I'm not crazy about the idea of reaffirming the mortgage, as my new mortgage amount is significantly higher than the property is worth, but I would like to do a "pay and stay" since I'm current on the mortgage now. I desperately don't want to have to move out of my house right now for several reasons, both financial and personal.

    Any thoughts on when I should be OK to file Chapter 7 after the loan mod? Thanks for your help!

    #2
    You should be fine. They already recorded the newly signed note, so they are stuck with the terms. Good luck to you!
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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      #3
      Do you think I should wait until the records are updated throughout Metlife's system? For example, even though the Metlife CSR said that I'm considered current on my payments, my account is still being handled through the Loss Mitigation department until the records have been updated in all of Metlife's various departments. I asked when I would know if everything had been completely updated and her response was that I would know when I was able to make a payment online. (Not much help, obviously). Anyway, I'm just not sure what the BK courts will look at to determine if I'm OK on the mortgage. Thx!

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        #4
        We filed about 3 weeks after signing the permanant modification contract with our lienholder, and it was a non issue. Current as well....
        Filed Ch 7. Jan 14th 2011. 341 Feb. 24th 2011. DISCHARGED April 26th 2011. Closed May 10th, 2011. Huge weight off our shoulders! Scores as of 5/14/11 : TU-639, EQ-642, EXP-602

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