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    Reaffirmation question...

    We signed a reaffirmation on our mortgage last month. Our discharge is coming up soon and I called the mortgage company today to see when my online account access would be restored.

    They said I have to sign a reaffirmation first. I explained that we did. After the lady looked through our file some more she said they made a mistake. The reaffirmation we signed was at a payoff of $42K when we actually still owe $52K on our home.

    Now she says I have to contact my lawyer to sign a new agreement promising to pay the $52K instead. My lawyer as usual is unreachable.

    How can they make a mistake like that? Today's is dh's only day off during the week for 3 weeks so today would be the day to sign off on it.
    4/09 Converted to a Ch 7 due to loss in dh's income
    5/09 UST now involved no idea what happens next
    7/09 UST has decided to withdraw his motion to dismiss!
    7/27/09 DISCHARGED!!!

    #2
    I am not sure what happened there.
    Somebody put the amount on the paperwork.
    I know in my case with the car Toyota put the figure I owed in.
    I am not sure what the big deal is here anyway.
    I will assume that you just reaffirmed the original loan with them did you not?
    And if they made the mistake, they can certainly wait to have the paperwork corrected.

    Comment


      #3
      Originally posted by kenshirley View Post
      I am not sure what happened there.
      Somebody put the amount on the paperwork.
      I know in my case with the car Toyota put the figure I owed in.
      I am not sure what the big deal is here anyway.
      I will assume that you just reaffirmed the original loan with them did you not?
      And if they made the mistake, they can certainly wait to have the paperwork corrected.

      They put all the numbers in the agreement all we did was sign it. Now they are saying we have to resign corrected documents before next Tuesday.

      I suppose it's not really legally binding right? I mean the one we already signed? That would give us a $10K credit on our mortgage. I can dream right?
      4/09 Converted to a Ch 7 due to loss in dh's income
      5/09 UST now involved no idea what happens next
      7/09 UST has decided to withdraw his motion to dismiss!
      7/27/09 DISCHARGED!!!

      Comment


        #4
        Originally posted by aces67 View Post
        They put all the numbers in the agreement all we did was sign it. Now they are saying we have to resign corrected documents before next Tuesday.

        I suppose it's not really legally binding right? I mean the one we already signed? That would give us a $10K credit on our mortgage. I can dream right?
        The court may enforce it for you.
        Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

        Comment


          #5
          No, you still have a contract with them spelling everything out.
          You will not get a credit.
          And as it was there mistake, and you are discharged and the court approved your reaffirmation, this is just a minor detail correcting their error, not yours.
          I would tell them I will sign it when it's convenient to you.

          Comment


            #6
            Yeah, it was their mistake...I would talk to your attorney first. Why should YOU have to pay your attorney another fee (if he changes you) to do another refirm. agreement?!?
            May 2008 Hired 1st Attorney/Stopped paying CCs
            May 21, 2009 Retained 2nd Attorney
            May 28th - Filed for Ch 7 (FINALLY!)
            9/11/09 - DISCHARGED!!!!

            Comment


              #7
              My attorney says he has no idea what they are talking about. He said they never sent him a corrected agreement. My mortgage company says the corrected agreement has to be signed by next Tuesday b/c that's day 60.

              What do I do now? I asked them if they could just mail it directly to me and I would take it to my lawyer but they are hesitant to do that.

              I really want to reaffirm my mortgage.
              4/09 Converted to a Ch 7 due to loss in dh's income
              5/09 UST now involved no idea what happens next
              7/09 UST has decided to withdraw his motion to dismiss!
              7/27/09 DISCHARGED!!!

              Comment


                #8
                Do you know which figure is correct?
                Did they add on a bunch of attorney fees because of the BK?
                You should be able to figure out the right balance from your statements, after all you were getting them right up to your filing date.
                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
                  Originally posted by StartingOver08 View Post
                  Do you know which figure is correct?
                  Did they add on a bunch of attorney fees because of the BK?
                  You should be able to figure out the right balance from your statements, after all you were getting them right up to your filing date.
                  I know what the figures are supposed to be but the mortgage company says dh and I have to sign off on the correct figures before Tuesday.
                  4/09 Converted to a Ch 7 due to loss in dh's income
                  5/09 UST now involved no idea what happens next
                  7/09 UST has decided to withdraw his motion to dismiss!
                  7/27/09 DISCHARGED!!!

                  Comment

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