I'm happy to announce my bankruptcy was discharged December 29, 2009! I am married but my wife did not file (her only debt obligation is our mortgage - we cosigned)
The issue I am bumping up against now is with Citi Mortgage. 2 months prior to the filing of bk we received a loan modification. I filed bk because an "investment" property was scheduled to foreclose and I couldn't get it sold and I didn't want to have them come back and sue and end up with a judgement that would affect the sale of our home.
We started making our modified loan payments and continued making them on time throughout the bk. Our intent was to reaffirm (debateable whether or not that is a good idea but since she didn't file and we are able make payments we felt it was in our best interest). After numerous calls to Citi, I received a reaffirmation agreement. The day after my discharge. We laughed and said "Oh well, we're current on our mortgage so as long as we keep making our payments we can stay in our home." Stinks for building credit, but life goes on.
Low and behold, we receive a default notice from Citi and upon calling I was told that they have no record of the loan modification in their system, it must have never been booked so tough S***.
Has anyone had any dealings with something similar? There is no language in the modification saying that a bk would cancel the agreement. It's a very strange circumstance.
I guess what I'm asking is that I feel I am current on my payments and I have a signed document outlining the terms of my loan. Can my home legally be taken if I am current on my payments eventhough the obligation to pay the mortgage was discharged (obviously the obligation still exists with my wife which is a whole other ordeal). My plan of action is to work with Citi to get them to honor the agreement and if an attempt is made to foreclose, inform the judge that I am infact current on my payments according to the agreement eventhough it was never booked in their system. Anyone have any thoughts?
Thanks in advance!
The issue I am bumping up against now is with Citi Mortgage. 2 months prior to the filing of bk we received a loan modification. I filed bk because an "investment" property was scheduled to foreclose and I couldn't get it sold and I didn't want to have them come back and sue and end up with a judgement that would affect the sale of our home.
We started making our modified loan payments and continued making them on time throughout the bk. Our intent was to reaffirm (debateable whether or not that is a good idea but since she didn't file and we are able make payments we felt it was in our best interest). After numerous calls to Citi, I received a reaffirmation agreement. The day after my discharge. We laughed and said "Oh well, we're current on our mortgage so as long as we keep making our payments we can stay in our home." Stinks for building credit, but life goes on.
Low and behold, we receive a default notice from Citi and upon calling I was told that they have no record of the loan modification in their system, it must have never been booked so tough S***.
Has anyone had any dealings with something similar? There is no language in the modification saying that a bk would cancel the agreement. It's a very strange circumstance.
I guess what I'm asking is that I feel I am current on my payments and I have a signed document outlining the terms of my loan. Can my home legally be taken if I am current on my payments eventhough the obligation to pay the mortgage was discharged (obviously the obligation still exists with my wife which is a whole other ordeal). My plan of action is to work with Citi to get them to honor the agreement and if an attempt is made to foreclose, inform the judge that I am infact current on my payments according to the agreement eventhough it was never booked in their system. Anyone have any thoughts?
Thanks in advance!
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