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    Question on reaffirmation

    I reaffirmed my mortgage and autos, but I am still not getting statements. I paid my mortgage over the phone just now and the lady says my loan does not say I reaffirmed it even though the mortgage company's attorney filed it back on April 6 th. Does it not show as reaffirmed until you get discharge ?

    #2
    Maybe the paperwork hasn't made it back and forth yet??

    The banks cannot contact you due to the automatic stay of BK. That's why they aren't calling or writing to you, or even sending you statements. So you have to be sure to stay current with your payments thru this time period.

    Since you aren't sure if your reaffirmations paperwork has been sent, call your attny and check what's going on on your end.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

    Comment


      #3
      NOTE:

      Make sure those reaffirm papers were filed with the Court - OTHERWISE you have no reaffirm agreement.......................

      The mortgage company will no longer send you any statements regarding your account during the stay and afterwards - if the reaffirm was not signed.

      SO BE VERY CAREFULL.... to make sure your payments are always current and on time..... (ESPECIALLY if that reaffirm was not recorded with the court)

      Time for some follow-up work to make sure everything was done regarding that reaffirm......

      Minny
      Minny

      "It's amazing the paths that our feet sometimes follow in life".

      My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

      Comment


        #4
        Filed with the court?

        I reaffirmed my home and car loans, signed an agreement and off they went. There is also a page in my bankruptcy papers listing the debts that I would reaffirm, and those are listed. The agreements themselves are not posted on Pacer. I have never stopped receiving statements from either company and both accoutns have never been late, ever.

        So does the one page listing my reaffirmations count as "filed with the court"?

        Comment


          #5
          Okay,
          Under the old laws, the reaffirms had to be filed with the Court - the new law may be different.....

          But it wouldn't hurt to check with your attorney, or the Trustee's office and make sure they also have a copy of the reaffirm agreement.

          Also you may not receive any statements till after discharge............. just keep you payments current.

          Minny
          Minny

          "It's amazing the paths that our feet sometimes follow in life".

          My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

          Comment


            #6
            Mine are filed with the court and have been checked by me personally on pacer. The last one was filed with the court on April 11.

            Comment

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