top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

timeframe to "unreaffirm the house"

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    timeframe to "unreaffirm the house"

    Hey all, i've filed pro se and just had my meeting of creditors last week, i reaffirmed the house we have but now i've decided to piss on it and let it go back. Does anyone know the time frame i have to file a 'withdrawal of reaffirmation?" can i do it prior to the discharge or is it so many days from the filing of the petition?

    thanks for any help

    Lucky

    #2
    File your Amended statement of intentions right away. It does need to be filed before the discharge. Since you have had your 341 already, it is best to get it filed now.
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

    Comment


      #3
      Originally posted by lucky View Post
      Hey all, i've filed pro se and just had my meeting of creditors last week, i reaffirmed the house we have but now i've decided to piss on it and let it go back. Does anyone know the time frame i have to file a 'withdrawal of reaffirmation?" can i do it prior to the discharge or is it so many days from the filing of the petition?

      thanks for any help

      Lucky
      BEFORE discharge.
      Chapter 7 07/30/2008
      341 09/17/2008
      Discharge 11/21/2008

      Comment


        #4
        Thanks guys for help!

        Lucky

        Comment


          #5
          From what I understand you have 60 days from the time the agreement was signed to change your mind.
          Chapter 13 Filed (Pro Se) - 9/30/09
          Confirmation Date - 12/1/09
          Stats - $1752/month, 29/36 completed, 4% to Unsecured, Lien Stripped 2nd Mortgage

          Comment


            #6
            Originally posted by UpsideDownMI View Post
            From what I understand you have 60 days from the time the agreement was signed to change your mind.

            We are in the process right now of UNreaffirming my vehicle. According to my attorney, we have 60 days from the date we signed the reaffirmation to withdraw. So do it right away.
            Chapter 7 filed 10/21/2008
            341 - 11/26 went smooth NO ASSET
            Took 115 days after 341 - But Finally DISCHARGED 3/25/09

            Comment


              #7
              ok now my question is when did i sign the reaffirmation. was that in the petition? my petition was entered in bankruptcy court on Jan 6, 2009, is that the date to go by?

              Lucky

              Comment


                #8
                No, the reaffirmation is a separate agreement usually sent by the lender to your attorney for you to sign, your attorney to sign - then the lender signs and the agreement is filed with the court.

                In your petition, on your statement of intentions, you may have indicated that you were going to reaffirm the house. So, even if you have not signed a reaffirmation agreement, you may want to file an amended statement of intentions showing that you are now going to surrender the house. Your attorney can do that.
                Filed CH 7 9/30/2008
                Discharged Jan 5, 2009! Closed Jan 18, 2009

                I am not an attorney. None of my advice is legal advice in any way..

                Comment


                  #9
                  ok thanks starting over, i have not signed a reaffirmation agreement with my mortgage lender then, i am pro se by the way and my lender has not sent me anything, i have even spoke with them and they said they do not reaffirm. so i'm sure then that i have time to get my statement of intention in to the court then to 'unreaffirm'.

                  I really appreciate you guys taking time to answer my questions so quickly,

                  thanks again,

                  Lucky

                  Comment


                    #10
                    What if i the petition we stated we were going to reaffirm the house but have not signed anything on it? We are thinking of doing a ride through instead. Do we have to file something? Already had the 341 meeting.
                    Filed Jan 23rd, 2009
                    341 meeting--February 24th--Went smooth
                    :yahoo::yahoo:
                    Discharged may 12th--had to call the court clerk!!:clapping::yahoo::yahoo::

                    Comment


                      #11
                      StartingOver is 100% correct. It's a totaly seperate agreement.
                      Chapter 7 filed 10/21/2008
                      341 - 11/26 went smooth NO ASSET
                      Took 115 days after 341 - But Finally DISCHARGED 3/25/09

                      Comment

                      bottom Ad Widget

                      Collapse
                      Working...
                      X