Wells Fargo not sending out reaffirmation agreements

[tmoschetto]

After my 341 yesterday, I thought maybe I'd have a day or two of not worrying about the whole BK thing, but apparently not.

I called Wells Fargo to follow up on the reaffirmation agreement I need since the Middle District of FL does not allow ride-throughs anymore because of a ruling out of Orlando.

Two different operators told me WF isn't sending reaffirmation agreements. I asked if I could get that in writing, and they referred me to their attorney. I left a voicemail first thing this morning, but no call back as yet.

I am current on my mortgage and filed a statement of intention to reaffirm. What happens if Wells Fargo won't work with me on an agreement? I believe I'm supposed to file it with the court within 30 days of my hearing yesterday. Will my BK just remain open without it?

[justbroke]

First, it won't remain open without the reaffirmation agreement. Secondly, a creditor is not obligated to reaffirm the debt, although they usually do. If the creditor is not going to pursue foreclosure, then this may be moot. The case which you refer to was initiated as a contested matter when the Creditor filed a Motion to Compel the debtor to sign a reaffirmation agreement or surrender the property. You may not be in such a position since WF appears to not even want to get in the reaffirmation business.

Background on Ride-Throughs in Florida: As for a recent Middle District of Florida ruling, it's actually old, from 2009. The Judge in that case based her decision on Taylor v. AGE Federal Credit Union (3 F.3d 1512, 1516, 1517 11th Circuit 1993) which is an 11th Circuit case from 1993. The case, In Re Lindermann (09-02087, M. D. Fla. 2009) basically used the 11th Circuit appellate decision in Taylor, as precedence and indicated that this is the law in the 11th Circuit.

[tmoschetto]

Thank you so much JB! I owe what little sanity I have left to you and your quick replies!!

I wanted to just ride through when I first started the process, but one of local notes referenced that case and said reaffirmation agreements were now required.

Glad to hear it won't hold up my discharge!

Thank you again!

[Mi Bankruptcy]

I was told the same thing in Michigan. WF did send us our reaffirmation agreement.