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Discharged CH7, questions re: home i kept thru the CH7

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    #1

    Discharged CH7, questions re: home i kept thru the CH7

    I owned 1.5 homes during my CH7.

    * Surrendered 1 home Capital One Mortgage.
    * Kept the other home w/ a diff Mortgage Co.(I am joint tenant/owner of the home).

    Moved out of the Surrendered home and now live in the current home that I still own half of, filed that I was going to be keeping it. I went through the motions of re-affirming this home w/my lawyer and the Mortgage co. Sent re-affirmation signed within 30 days of discharge, thought it was taken care of... Until I log onto pacer 1 month after discharge and see that the reaffirmation was filed with the courts 1 month after discharge (which i assume is void now because it was done after discharge) and without the mortgage co's signature of agreement (which I also assume voids the reaffirmation too, for there is not agreement on paper with the courts with both sigs), I called Mortgage co to see if they have received it at all, and they say 'no' 'you are not reaffirmed' 'no papers on file'

    Should I care anymore, or just drop it.... looks like I do not have re-affirmation but by reading these forums, that isn't so bad afterall?

    Your thoughts?

    Should I keep fighting? Or am I fighting a dead horse, the papers with all of our signatures dont exist they say....

    ?
    Don't take my word for it, I'm just sayin'
    Tags: None
    #2
    I guess that would depend on what kind of relationship you have with your partner in the house you intended on reaffirming.
    No Asset 7 closed 11/09

    Comment

      #3
      Originally posted by Chowder View Post
      I guess that would depend on what kind of relationship you have with your partner in the house you intended on reaffirming.
      Can you ellaborate? Please tell me what that means? I need advice if I should fight this or let it go...
      Don't take my word for it, I'm just sayin'

      Comment

        #4
        If there is no reaffirmation papers, and you decided to surrender your interest, your partner would have to deal with it. This may or may not be of concern to you.

        Were it me, I'd be interested in what happened to the agreement I signed.
        I'd start by calling my Attorney.
        No Asset 7 closed 11/09

        Comment

          #5
          Ahhh, I see...

          Spoke with the attorney many times, he says alot of these Mortgage Co's will receive the re-affirmation papers, and disregard them, or say they never received them, etc... and that we did out part....

          I just dont understand why the mortgage co would go thru the trouble of filling out the reaffirmation, send it to my lawyer and myself, and not acknowledge the receipt of it. Unfortunately my lawyer didn't send the papers to the mort.co with a certified letter so we cant prove if they really received it or not, grrr, it irritates me, I wish he was more efficient....

          so pretty much...i think im not reaffirmed by any means..... since they are not acknowledging it....

          hmm...what else can i try..

          I googled the CEO of the mort. co and he emailed back saying he would have one of the reps call me back, she did but she called me and said 'oops, i'll have to have another dept call you back' and i never heard from anyone else...

          i think im at a loss and should consider myself not reaffirmed... i dunno? u think?
          Don't take my word for it, I'm just sayin'

          Comment

            #6
            Who filed the unsigned reaffirmation agreement with the court 30 days after discharge?
            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

              #7
              It sounds like you probably aren't reaffirmed. We reaffirmed our mortgage and my lawyer filed it with the courts the same day we signed 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!!!

              Comment

                #8
                Originally posted by OhioFiler View Post
                Who filed the unsigned reaffirmation agreement with the court 30 days after discharge?
                I asked my lawyer to at least file it so it shows in the courts, he said but it isn't signed and did it to appease me....

                I don't know why I wanted it re-affirmed so bad, but at the time, i was emotionally cloudy. Now I guess its fine.... but he did it to shut me up...

                even tho he said it wasn't necessary...
                Don't take my word for it, I'm just sayin'

                Comment

                  #9
                  Originally posted by aces67 View Post
                  It sounds like you probably aren't reaffirmed. We reaffirmed our mortgage and my lawyer filed it with the courts the same day we signed it.
                  ahhh, see my lawyer didn't want to file an unsigned reaff paper... so he was waiting to get the copies with both sigs back from the mortgage co... we never got them so he wasn't gonna file it w/the courts, but i was freaking out so he sent them in, even tho, they dont count for anything....

                  i guess....?
                  Don't take my word for it, I'm just sayin'

                  Comment

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