Mortgage co says its my attys reponsibility to send them a reaff agreement

[pa308]

Spoke to my mortgage company yesterday (Coldwell Banker) with a few questions.

First off I asked if they would be sending out a reaffirmation agreement for my signature. They said that my attorney should fax a reaffirmation agreement to them. Does this make sense?? I thought that the creditor sent out the reaffirmation agreement. I had to wait on the phone for a half an hour to talk to a rep and hope I dont have to call them back, has anyone else had experience with this?

Also I thought that with the bk filing that the automatic payment I have coming out of my checking account would stop (which i dont want it to, I'm keeping the house and would like it to continue). She said that the auto payment w/d from my checking should continue, but I should keep an eye on my checking acct to make sure the 7-7-08 payment gets taken.

I have never been late on my mortgage and do not want to be now even though I'm filing. Any comments are always appreciated.

[sunshine mary]

Well I just asked my attorney about this last Friday because I haven't heard anything about a reaffirmation and I should be discharged next week...She said they haven't gotten anything from the lender ( Wells Fargo ) and they might not even send one...So I didn't think it was the creditor's responsibility either.

[pa308]

Did they continue your autowithdrawals?

[southernbelle]

In my case, the creditor sent the reaffirmation agreements and not the atty. I assume the reasoning behind that is because in the reaff. agreement, the terms of the agreement are spelled out (like interest rate and payment amount). Your atty. wouldn't know information specific to their contract with you.

They might mean that your atty. could contact them to request they send one, but your atty shouldn't draft one for them. That's just my opinion.

[southernbelle]

Also, some creditors chose not to send one. For whatever reason, they just don't.

[southernbelle]

I stand corrected. Today I did some additional research on Chapter 13's in my area and came across the Trustee's website that has a form reaff. agreement on it. My guess is, you can actually submit a reaff. agreement for certain types of debt although I most commonly hear of cases where the creditor will initiate the reaff. since it's in their best interest.

Here's the link in case you were wondering what it looks like:

http://www.lawb.uscourts.gov/forms/B240_Reaffirmation_01_2007_mods.pdf