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Already filed....can reaffirmations be changed?

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    #1

    Already filed....can reaffirmations be changed?

    Hi All,
    I filed through an Atty on July 12th. I had planned to reaffirm my 1st and 2nd mortgage and it was listed as such in the paper work. Have not signed anything as of yet.

    As it now stands I will also be getting a divorce. I would like to stop making the house payments and give the house back to the bank so I will have money to pay for rent and a security deposit.

    Not taking anything else like the means test into consideration....can I still change my mind on the reaffirmation.....
    thank you
    Tags: None
    #2
    As long as you have not signed an official reaffirmation agreement and no reaffirmation agreement has been filed with the court you have nothing to worry about. Plus, if you had already signed one and it already filed as part of your proceedings you would have 60-days from the date it was filed with the court to rescind it. Just call your attny and let her/him know that you no longer intend to reaffirm the mortgage..
    Thanks,
    GaCreditGuy

    --*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--
    BK7 Filed : 01/29/2006
    341 Completed : 03/06/2006
    Deadline For Objections: 05/05/2006
    Discharged : 06/30/2006
    Case Closed : 06/30/2006

    Comment

      #3
      As GA said, if you haven't signed any thing, the loans aren't officially Reaffirmed. You stated an intent to reaffirm in your petition is all. You have to sign papers and they have to entered in as part of Court record before it's all official.
      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

        #4
        I appreciate the help guys. That's 100 lbs off of the million pounds weight on my shoulders right now.
        thanks again

        Comment

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