First and Second Mortgages - Questions

[miss puff]

Did you actually sign the re-affirmation papers? You would have had to to reaffirm on the mortgage.

[SinkingFast]

Did you actually sign the re-affirmation papers? You would have had to to reaffirm on the mortgage.

That's the $53K Question, Miss P!

Did you actually sign Reaffirmation Papers, Godz??

Were those papers then sent to and signed by the Lenders.

Were the signed Reaffirmation Agreements filed with the Court?? If they were, they would be a part of your paperwork.

If your attny did not give you copies, you can check your case on PACER and see if the Reaffirmation Agreements are posted there. There should be scanned .pdf copies if they were indeed filed with the Court.

This is very important for you to know. If, for some reason, the Reaffirmation Agreements did not become a part of Official Court Record, then you have no responsibility for the mortgages.

If 1 or both of the Reaffirmation Agreements were indeed filed, then you are still responsible for the mortgage(s) that have a Reaffirmation Agreement filed with the Court.

Kansas does allow for deficiency balances to be collected.

http://www.foreclosures.com/www/page...2.asp?state=KS

[miss puff]

1)
3) We stated intention to reaffirm both mortgages, but I don't understand what that means relative to my question.

Are you saying that you stated in your original bk paperwork that your intention was to reaffirm? If you did actually reaffirm, which would include like Sinkingfast said, actual signatures of you and your lender. It would be a seperate document. Then yes, you are responsible for any negative balance after the foreclosure sale.

If you only stated that you were "going" to reaffirm and never did then I believe you are off the hook. This is what we did. In our paperwork we said we wanted to reaffirm. After a couple questions to the board, some research and some help from the people here and a highly respected banker on the board, we decided to not reaffirm and just left it at that. Never signed anything more and it is technically IIB (Included in bankruptcy) and we can walk away.

[Godzillarama]

Didn't Reaffirm with the Mortgage Lenders

After reading the initial replies, we consulted again with our primary attorney and another attorney out of town who specializes in foreclosure. Since we didn't sign reaffirmation agreements with the lenders, we're okay. You have to answer your "intent" at the time of filing, but that's all it is -- an intent.