Pro se Filing

[16 Tons]

How many people in the forum filied Pro se and owned their own home and were current on the mortgage? Any advice as to the mortgage reaffirmation?
Any potential snags?

[soleprop]

in for the read as i have a friend considering this exact situation. thanks for asking the question, 16!

[rfassett]

I filed pro se, own (together with the bank) my home, was current on the mortgage payment at time of filing, picked up (or maybe made up) some bad advice along the way, re-affirmed, and am making up the arrearages for the next few months. I stopped making the mortgage payment after I filed - that was the bad advice. (I honestly don't know where I picked up that advice, so I have to assume I made it up.) Don't stop making the mortgage payment if you are going to re-affirm unless you negotiate some arrangement with the bank - in writing - ahead of time. After the second payment was not made, I contacted the bank and was told (I know I was told this and did not make it up but subsequently the bank denied that it was their policy) that it was their policy that any arrearages at time of discharge would be tacked onto the end of the mortgage. I failed to get that statement in writing. I went ahead and signed the reaff, the bank submitted that to the bk court and a hearing was scheduled. At the hearing, the judge asked if I really thought I could afford the mortgage and I gave him a break down of income and expenses that showed how it would work. He signed off on the reaff. Ten days after the discharge I was contacted by the bank and was told that they needed the mortgage caught upto date that day. Mind you my bk was drawn out a little longer than normal, so the fact of the matter is that they wanted four months worth of payments like right now. I told them that I talked with someone three months ago that said the arrearages would be tacked on to the end of the mortgage. Here is what I was told in the conversation after the discharge - at the fourth level up the food chain - the bank (this one in particular) can only make that adjustment once per year - and the person that I spoke with three months earlier made that adjustment for the one month that I was past due at the time. (Apparently there was a breakdown in communication between her and I those three months earlier.) I was not happy and probably said some things I am not proud of. Anyway, I was able to work out a plan that was acceptable to both parties. I paid them one month's payment that day, another a week later and the balance of the past due (two months) is being paid at the rate of one-fourth per month for the subsequent eight months on top of the regular monthly payment. This was not in my plan as outlined to the bk judge, but we are making it work.

Sorry that this is so long, but you asked.

[AngelinaCatHub]

Thanks 'rf'. I find that talking politely and cooperatively works well and anyone can work it out. They sure don't want your house back. They will soon own more houses than they would like. They want the payment and it is too bad they were pissy at first, but you did well and kept your cool and the Judge would be pleased that you worked it out even outside the plan a little. The idea of bk is getting broken people fixed. This is the way I look at it anyway. 16tons. If you are going pro se, get that Chap 7 book from Nolo.com 17 bucks if you download it. Don't print it though, if you want a hard copy purchase one as a half ream of paper will be used. It is a very meaty book. 'Hub

[duplantisjj]

I filed pro se and have a mortgage with Countrywide. If you do a search you'll find that there are a bunch of posts about CW and how they do not reaffirm in BK. They actually cut me off of online access to my account shortly after filing. I used to do the online pay thingy with them but now I just use my Banks' online Bill Pay function and CW accepts the payments. They don't send me bills, they send "informational notices" that state clearly, "that this is not an attempt to collect debt, this is simply to provide account information." So, yeah, if you have CW for your mortgage, then your SOL on reaffirming. But as long as you pay your mortgage, then your fine.

[AngelinaCatHub]

I filed pro se and have a mortgage with Countrywide. If you do a search you'll find that there are a bunch of posts about CW and how they do not reaffirm in BK. They actually cut me off of online access to my account shortly after filing. I used to do the online pay thingy with them but now I just use my Banks' online Bill Pay function and CW accepts the payments. They don't send me bills, they send "informational notices" that state clearly, "that this is not an attempt to collect debt, this is simply to provide account information." So, yeah, if you have CW for your mortgage, then your SOL on reaffirming. But as long as you pay your mortgage, then your fine.

[16 Tons]

Thanks for the info. I am in the information gathering stages. Although, I am leaning toward the lawyer thing. I just hate the thought of opening my "books" and tax info to some lawyer. Not that there's anything wrong with being a lawyer.