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    Mortgage Reaffirmation Question

    Hi all!

    I know that the question of reaffirming a mortgage loan has been debated here several times, but I was wondering if I could get a little information from you.

    Hubby and I agreed to reaffirm our mortgage with Chase. We filed pro se so we had to attend a reaffirmation hearing (today). The agreement that was prepared by Chase indicated that our payment would increase by $90.00 monthly after the reaffirmation so the judge would not approve it. The problem is that the increase would not occur until 2014. (As per the terms of the loan modification that we received in 2009, there is an increase every 5 years.) Without going into all of the terms and incentives given as part of the modification, we were given an excellent interest rate (2%) and a deduction in principle of $1000 every 5 years as long as the payments remain current. The judge adjourned our case for 30 days because she would like to get the terms of the agreement clarified by Chase before she makes a final decision.

    I called Chase just to confirm (for myself) whether or not the terms of the modification agreement would change as a result of the reaffirmation and was told that the terms would remain the same; Chase assumed that they had to fill out the form this way because the payment WILL change after the reaffirmation; FIVE YEARS after!!

    Anyway, Chase advised that without a reaffirmation of the loan, they will not report payments to the credit bureaus, and if a payment is late (by even one day) the loan can be accelerated and we could be hit with legal fees and other charges. We have $100,000 worth of equity in the house, the payments are current, and we could not even rent a studio apartment here for the amount of our mortgage. We plan to stay here (unless, of course, we hit the lottery!!

    My question is this: All of our credit cards have been discharged and our car (which is eight years old) was paid for in cash (no credit history with Hyundai). Without the credit history of payments to Chase how do we rebuild our credit in a reasonable amount of time? Our car will need to be replaced (hopefully not for a few years) but without a credit history will we ever get a decent interest rate? We REFUSE to get a wallet full of credit cards again, but will one or two credit cards, with small credit limits, that are paid on time (or even paid in full each month) repair our credit?

    Thanks for your input! Sorry I got so long winded

    #2
    Consider putting money away each month for your next car starting now, so that you can have a sizable amount saved up when your car eventually gives up the ghost. I'm not personally at the point that I'm ready to care about my credit score yet, but this area of bkforum.com may be able to help you.
    Filed Chapter 7 July 2010
    Attended 341 September 2010
    Discharged November 2010 Closed November 2010

    Comment


      #3
      I am concerned about the mortgage for you, but not because of your credit score. You obviously want to and should keep this house. Who cares about your credit score? As mentioned, save some money and buy a car. You don't need piddly little credit cards that prey on post-BK people to get you a nice car. I had a similar problem with my re-affirmation buit not because the loan would be changing. I would try to work something more permanent out with Chase, something that is not so confusing to the judge. I mean that in the sense that the judge has your best interest in mind and obviously thinks there is something up with this agreement. I had to do some serious convicing to my judge that we could afford the payment. He wasn't taking into consideration the money we were going to be saving due to giving up two other properties. Once I laid out my new budget for him, he approved it.
      New Orleans: Home to the World Champion Saints, the biggest enviromental disaster and the biggest natural disaster in the history of this nation. Proud to call it home!

      Comment


        #4
        In response to. . .

        "Anyway, Chase advised that without a reaffirmation of the loan. . .if a payment is late (by even one day) the loan can be accelerated and we could be hit with legal fees and other charges".

        Liar, liar pants on fire.

        1. Anyone who fails to pay their mortgage on time (within the grace period and if late, includes the late fee), even by one day can have their loan "accelerated". This has absolutely NOTHING to do with reaffirming.

        2. Yes, if a lender incurs attorney's fees and you still want to keep the home those fees would have to be paid. Again this has NOTHING to do with reaffirming. (Presumably, with the kind of equity you are indicating, even if you could not afford the payment you would sell before any foreclosure could happen and those legal fees and other charges would be part of the payoff.)

        3. Now, if you do not sign on the dotted line and the lender accelerates and the lender incurs legal fees AND you decide to walk away, you do not have to pay one dime of those legal fees.

        I do not know if your State has an anti deficiency statute. Due to your lender's insistence that you sign I will assume either there is not anti deficiency statute or the type of loan you have is not the type that would be protected from such a statute. The lender apparently wants you on the hook. Clearly your Judge is concerned about it.

        Des.

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          #5
          Thank you all for your replies!

          I agree that our judge is concerned about this reaffirmation agreement. She also feels that Chase is trying to bully us into signing (her words exactly)! Despritfreya, you are absolutely right; if in the future we could not afford the payment we would definitely sell before foreclosure.

          I sincerely doubt that the judge will approve the reaffirmation, and at this point we are allright with that.

          Comment


            #6
            Des gave you very good info and advice.

            I too believe in not worrying about credit score. What got you here? CREDIT. I would put a payment aside in an emergency envelope not to be used except to "break glass" to open envelope.

            You and I do not know what our future holds. The walk away is a good deal. They are going to give you a "great" deal that costs you ninty bucks more a month?? I don't care what the interest rate is. You admitted what you are paying is better rate than rent in your area. Stay were you are in your finances. Stockpile a grand in cash available for emergency, save half or whole year of funds for bad times, and forget the car bit. ANY machine made by man, can be repaired by man and for less that one or two car payements. Do you think you need a new car? You need wheels that is all. Remember, paid for cars get better gas mileage. 'Hub
            If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

            Comment

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