Anyone had a car affirmation not signed by the judge?

[pattygg5]

Okay, posted earlier and found my answers and it looks like the judge will need to sign affirmation of loan, BUT doesn't have to.. I'm very concerned with this because we are current on our loan and only owe about 9800k and the blue book on the car is 11k.. Can this help or hurt me?? We surrendered our home and now have the income to afford the car. Has anyone else had to go to a reaffirmation hearing and give back their car??

Any information appreciated..

Patty

[aces67]

We only did a reaffirmation on our home and we didn't have to go to a hearing b/c their was no hardship.

When your reaffirmation was filed was it filed as a hardship or non hardship?

[HHM]

It is becoming standard practice now for judges NOT to sign the reaffirmation. By simply submitting the reaffirmation, you have complied with the requirements, but a reaffiration is almost NEVER in the interests of the debtor, so judges don't sign them.

[Over our heads]

It is becoming standard practice now for judges NOT to sign the reaffirmation. By simply submitting the reaffirmation, you have complied with the requirements, but a reaffiration is almost NEVER in the interests of the debtor, so judges don't sign them.

Are you saying that even if we sign the re-affs, a judge still has to sign them? And if the judge declines to sign them, what happens then? Are we still responsible for that agreement?

[pattygg5]

That is one of my questions too. I'm really upset today worrying about this.. We CAN afford our car payments, we are current and only owe 2 more years of our 6 year loan. I'm doing research and it almost seems like a crap shoot if your judge will sign it?? Also because my atty filed the paper work late, my discharge is being pushed back now. Today is day 70!!!

I was under the impression by the atty it was no big deal, something to add in my b/k and now there is a hearing!!! I would love to hear form more people on this subject..

[damooster]

Ask your attorney if your state allows drive throughs. A drive through means that a company can not repossess a piece of property if the payments are current. This is a reason why many judges do not sign/approve of reaffirmation agreements.

I recently had a reaffirmation hearing for my car and the judge very reluctantly signed mine. I believe he signed it because Virginia doesn't appear to have a ride through law.

[Hope4TheBest]

We just heard about this from our attorney as well, the same day we were signing our paperwork for our filing! We had traded in our old car, put cash down and signed up for a newer used car thinking we would simply be able to reaffirm the debt when we were discharged (as above, our issues are mortgage related). Now we're worried we might be out the old car, the cash and the new car if the lender won't work with us after discharge. It sucks and we're really worried. Anyone have experiences with that?

[pattygg5]

Do all auto affirmations have to be heard in front of a judge?

Another thing is that my atty office NEVER said anything about a hearing with the auto affirmation. They said to just fill out the forms and it will be included in the b/k... Now of course our discharge hasn't happened yet and I don't know when because the hearing is set for October.. Oh and I cannot reach my atty. They keep giving me his para legal who doesn't answer her emails or voice mail.. I feel totally unsupported right now by the firm

[TBLTZ]

Okay, posted earlier and found my answers and it looks like the judge will need to sign affirmation of loan, BUT doesn't have to.. I'm very concerned with this because we are current on our loan and only owe about 9800k and the blue book on the car is 11k.. Can this help or hurt me?? We surrendered our home and now have the income to afford the car. Has anyone else had to go to a reaffirmation hearing and give back their car??

Any information appreciated..

Patty

If it was included in your means test and you can afford it then why wouldn't they reaffirm it? Did you call your loan company and ask for the paperwork?

[mamaluv]

Another thing is that my atty office NEVER said anything about a hearing with the auto affirmation. They said to just fill out the forms and it will be included in the b/k... Now of course our discharge hasn't happened yet and I don't know when because the hearing is set for October.. Oh and I cannot reach my atty. They keep giving me his para legal who doesn't answer her emails or voice mail.. I feel totally unsupported right now by the firm

I believe if it shows that it is a hardship (negative dmi) or the attorney does not want to sign off on it, then it has to go before the judge.

The exception is if the loan is with CU, which I learned in my reaffirmation-loans with a CU are subject to different reaffirmation rules. They are not subject to the undue hardship clause. I had a negative DMI and my attorney refused to sign it. Basically all I had to do was sign off saying that I believe I can make the payments and it was filed with the court. No hearing needed.