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Want to make sure....No reaffirmation

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    Want to make sure....No reaffirmation

    I think I have a pretty good general understanding of what all I went through, but just wanted to make sure. I filed on 12-31-08, discharge a few weeks ago and closed, but I got a call last week from my second mortgage company asking where my payment was for April. I told them I would pay them this upcoming Monday cuz I had some car repairs and fell a tad short. They said I needed it by the first because they would report negative things to the credit bureaus. I said, I didn't reaffirm the first mortgage, second mortgage or car and that if you did that it shouldn't take but if it did I'd just get it removed for inaccurate reporting. The lady then apparently called my lawyer's office today *****ing about how I haven't made my payment for April and the clerk or paralegal apparently told her that even though there was no reaffirmation that she was correct and could report it. It's been my understanding that this isn't correct. I have a call into my lawyer, but I thought that since I didn't reaffirm that it should be IIB and a 0 balance and no more reporting unless I choose to refi or something of the sort.

    Please someone set the record straight.

    Thanks,

    Jeff
    Filed Ch 7: 12-31-08 in IL (Equifax) 469
    341: 2-13-09 --- Held and Concluded 538
    Discharge: 4-15-09 - 601 NOW
    I came, I went, I saw, I was discharged. Thank god for this board.

    #2
    ttt
    Filed Ch 7: 12-31-08 in IL (Equifax) 469
    341: 2-13-09 --- Held and Concluded 538
    Discharge: 4-15-09 - 601 NOW
    I came, I went, I saw, I was discharged. Thank god for this board.

    Comment


      #3
      Originally posted by jgordo52 View Post
      I think I have a pretty good general understanding of what all I went through, but just wanted to make sure. I filed on 12-31-08, discharge a few weeks ago and closed, but I got a call last week from my second mortgage company asking where my payment was for April. I told them I would pay them this upcoming Monday cuz I had some car repairs and fell a tad short. They said I needed it by the first because they would report negative things to the credit bureaus. I said, I didn't reaffirm the first mortgage, second mortgage or car and that if you did that it shouldn't take but if it did I'd just get it removed for inaccurate reporting. The lady then apparently called my lawyer's office today *****ing about how I haven't made my payment for April and the clerk or paralegal apparently told her that even though there was no reaffirmation that she was correct and could report it. It's been my understanding that this isn't correct. I have a call into my lawyer, but I thought that since I didn't reaffirm that it should be IIB and a 0 balance and no more reporting unless I choose to refi or something of the sort.

      Please someone set the record straight.

      Thanks,

      Jeff

      The paralegal is wrong 6 ways to Sunday. The 2nd mtg collector is wrong too!
      If you did not reaffirm the 2nd mtg you can walk away and they CAN NOT report any payment history past the filing date. They can only report iib and zero balance.
      The 2nd mtg collector was wrong for calling you for payment and wrong to call your attorney's office! She is trying to collect on discharged debt! That is a violation of the discharge injunction.
      Filed CH 7 9/30/2008
      Discharged Jan 5, 2009! Closed Jan 18, 2009

      I am not an attorney. None of my advice is legal advice in any way..

      Comment

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