Advice on Mortgage reaffirmation

[CH33 Paralegal]

Yes I have an account, just logged on, but it's been 9 monhts since I logged on and the site looks different. I can't remember how to search. Will have to read the Manual I downloaded a while back.

when you log into pacer, search your SS# under the BK court. Your docket will come up and then you can access ECF straight from it.

[justbroke]

We signed the agreements we got from the two lenders in July/August 2008; the lawyer did not sign.

In my non-professional opinion, these are not enforceable re-affirmation agreements for two reasons. First, your lawyer would have needed to countersign it to ensure that you were not doing something rash and that would hurt you later. Second, the reaffirmation has to have a very specific language and has to be filed with the Court. I'm assuming that neither of those happened.

Also, reaffirmation agreements need to be signed and submitted within 60 days of the 341 Meeting of Creditors. When did you file?

We are on time with payments and have provided 2008 tax refund to trustee.

Very good.

I agree the advice can be better then my lawyer. He also said he never encountered this.

Neither have we here on the board, and, again, I apologize for my rather blunt amazed posts that were repetitive and perhaps too much.

I hope the re-affirmations are not enforceable, because if the lawyer fails, I will have to stop payments and foreclouse.

Me too!

[DeadManCrawling]

So sorry to hear about the separation.

The strain this sort of thing puts on people is unreal. When I see stories like this I can only laugh at those folks who believe BK and debtors are a bunch of hooligans laughing all the way to the bank at everyone else's expense.

Would that it were only true.

Until you've been inside this, you can't possibly understand, and we are all pulling for you on this, as we are for one another.

[CH33 Paralegal]

Here's the thing with the reaff.....you're leagally putting yourself back on the hook to pay the debts. I'm glad your attorney at least didn't sign. It shouldn't have been needed unless there's some sort of squirrly statutory law in your state.

Sometimes also, particular judges can deny the proposal to surrender post-confirmation. Your attorney will know more about that.

Also, and this is to anybody....feeling and bankruptcy just don't go together. This is about money and there is no room for emotion, just financial decisions. If you catch feelings due to other people who are experienced in this being puzzled at your actions, then I don't know if you should really talk to anybody besides your attorney. If we're just going to catch grief for trying to find out more about the situation, then I'll gladly take my complimentary opinions somewhere else and give them to somebody who's ready to talk about their bankruptcy.

[patrasta]

Thanks, I'll have to pull out my paper work on dates.
I know my lawyer did not sign.

I never attended to give grief, I think all i said was that " I came to this site for advice and support" I feel I am getting both form all the members on this forum.

I have accepted that I have put myself in a situation and I will have to live with it. Life goes on.