Defective Filing?

[BROKEDED]

Baaahhhh!!!

I was hoping to see a discharged notice today. Instead, I see a backdated entry for 6/24 showing that my vehicle reaffirmation was entered. Okaaaay, great! Then a couple hours later...still checking... I was startled to see a "defective filing" entry.

It turns out to be a defective filing for my vehicle reaffirmation stating that the cover sheet was not signed (how did we miss that?), and that the box indicating the lender was a credit union, was not checked. I DID specifically bring this to the attention of my attorney's office. They told me that it was sent to them from the lender, with "Lender is a bank" checked, but that they would take care of the mistake.

Ho hum...so can I still be discharged without the reaffirmation completed correctly and this be taken care of after the fact or does this hold up the whole shabang?

Thanks

[BROKEDED]

Actually, I just looked back and saw that the entry states the corrected document is due by 7/5. What happens in the slim chance that it isn't received on time?

[LadyInTheRed]

Forget about what will happen if it doesn't get corrected in time. Call your attorney and make sure it gets corrected corrected in time!

[BROKEDED]

You don't know, do you? j/k

I know, just wondering.

[LadyInTheRed]

Nope, I don't know. Just thought I'd tell you what I always tell my husband: Stop worrying about what will happen if something goes wrong and focus on making sure it doesn't go wrong. The answer doesn't satisfy him either.

But, I did mean to say that I am pretty sure that to be valid, a reaffirmation needs to be completed before discharge.

[justbroke]

If it is not received by the due date, then the reaffirmation will likely be denied. However, you could argue that you did "enter into a reaffirmation" agreement prior to discharge. The technicality is just that it was denied. I'm sure your credit union would be okay. It was the CU's fault and not your attorney's! Your attorney can't alter that form. I'm thinking your attorney just wanted to get it docketed before discharge. Your attorney may have also contacted the CU's attorney to inform them of their mistake.

I don't think it's going to be a problem. It's in the credit unions BEST interest to get that in on time!

The above advice is still on point. Don't wait for "nothing" to happen. Be proactive and make sure you are communicating with your attorney tomorrow to see the status.

[frogger]

All you need to do is go to your attorneys office, sign the documentation, and he can upload into the system. No big deal....

[BROKEDED]

According to an email from my attorney, it was an error of the creditor. They have to refile. He still didn't answer if it prolonged my discharge. I also noticed that my wife's vehicle reaffirmation was not entered on Pacer. No answer from attorney on that either. He was supposed to be in court this morning but my emails were forwarded to him and the worst part is now the paralegal that basically did everything is no longer there. I'd have all my answers in 5 minutes with her. I really hate when shtuff falls apart at the last second. I have very little patience with others when I've done my homework and part of their job and they still can't get it right.

I realize that all will work out but I'm ready to move on and I have matters to take care of that necessitates me being discharged. Almost two months for this stuff to be entered correctly or at least entered incorrectly and then fixed and they wait until the last possible minute...60 days was this past Sunday. I need a mushroom cloud smiley!

[BROKEDED]

Saw that the reaffirmation was refiled today. It states...

"Reaffirmation Agreement Between Debtor and Blah Blah Blah Credit Union with Declaration of Attorney filed by Mr Debtor's Attorney on behalf of Me and Spouse."

Does this read that My Attorney re-filed it or the CU refiled it?

[ValleYum]

Silly BROKEDED - you didn't need an atom bomb, there was just a glitch in the matrix!

[BROKEDED]

Oooooooohhhhh!!!! Preeetty!

[chicagoannie]

Silly BROKEDED - you didn't need an atom bomb, there was just a glitch in the matrix!

hee hee hee - LOVE IT!

[BROKEDED]

Well, called the bank about our other vehicle that wasn't listed on PACER and was told that they never received the reaffirmation back from the attorney. Of course he's not in the office...AGAIN. While talking to the bank I was told that they typically do not repossess until the 3rd missed payment which is comforting and we may end up not reaffirming with them and either try to do a modification, or refinance elsewhere to get a better rate or lesser term AND more importantly have our payment show up automatically with the credit bureaus.

Thoughts?

[BROKEDED]

Last update on this I guess...called the Trustee's office and left a message. They returned the call and stated that the reaffirmation problem should not delay the discharge or the closing, although my case was eligible for discharge on 6/27, and that I should receive it any day. Yay! I bet it doesn't happen until after the 5th which was the deadline for the defective filing.

Maybe I'll be surprised!

[justbroke]

"Reaffirmation Agreement Between Debtor and Blah Blah Blah Credit Union with Declaration of Attorney filed by Mr Debtor's Attorney on behalf of Me and Spouse."

This means that your attorney filed it, not the credit union. Additionally, this should not affect discharge.