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Should I reaffirm mortgage with Fifth Third?

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    Should I reaffirm mortgage with Fifth Third?

    I've read many threads on reaffirming mortgages and I am still not sure what to do, so I'm coming to you all for some advice. My attorney advises that I should not reaffirm my mortgage, which is through Fifth Third Bank. I am currently about 5K underwater; just refinanced about a year ago through making home affordable program and got a really good fixed interest rate for 30 years (4.875%).

    Does anyone have experience with Fifth Third directly? If I don't reaffirm with them (they have already sent my attorney the paperwork), but remain current on my payments, can they foreclose down the road (I am in Pennsylvania)?

    Also, my taxes and homeowners' insurance is included in my monthly payment; Will they continue to make those payments despite me not reaffirming? My mind is telling me they are required to make those payments that are held in escrow, but since I am not playing by their rules (reaffirming), will they screw me? I have also been advised by the mortgage lender that they will not report to the credit bureau if I elect not to reaffirm. I was hoping to have my on-time payments reported for a future mortgage.

    Thanks in advance for any input.
    Stopped paying CC: September 2009 ; Retained attorney: 9/9/2009; Filed Chap 7: January 18, 2010; 341 Meeting: March 9, 2010; Discharged and Closed: April 29, 2010

    #2
    Listen to your attorney. You paid him/her for that exact reason.
    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

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      #3
      Thanks. I just don't want to be booted out of my home years down the road because I technically defaulted by not reaffirming; I can't rent around here for my montly mortgage payment. According to my attorney, the language in the mortage that indicates automatic default when filing BK is illegal. Sure hope he's right!
      Stopped paying CC: September 2009 ; Retained attorney: 9/9/2009; Filed Chap 7: January 18, 2010; 341 Meeting: March 9, 2010; Discharged and Closed: April 29, 2010

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