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Well..that's nice to know now..a year after

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    Well..that's nice to know now..a year after

    The last couple of months I've been trying to pay the 2nd on our house and I've had to fight with the CU to take it. I ran into this early on in my bankruptcy last year. My lawyer had to talk to the CU to get them to take the payment. They finally agreed and for just over a year now there haven't been any problems.

    I called and was transferred to the collections department, which also handles bankruptcies and was told that I didn't sign the reaffirmation agreement. This was news to me because as far as I know, no one came forward with one. BoA (then Countrywide) doesn't do them, and the credit union where the 2nd is at, as far as I'm aware, never said a word to me when I went in every month to make my payment.

    I contacted my lawyer who said that he never got anything from them and even pulled my file to double check.

    So now I'm being told that I have to sign this or they'll refuse to take my payments. I e-mailed my lawyer and am waiting to hear back from him, but what kind of recourse does the CU have? Aren't they pretty much screwed because they didn't get the reaffirmation agreement and didn't object because I didn't sign/return it? Isn't accepting my payments for the past year enough for them?
    Last edited by anime-chicka; 03-16-2010, 12:43 PM.
    sigpic
    Filed - 11/19/08;341 - 12/22/08
    Discharged - 2/23/09 ;Closed - 3/6/09
    Got my first post BK credit line - car loan - 4/9/09 On my way to recovery.

    #2
    Originally posted by anime-chicka View Post

    So now I'm being told that I have to sign this or they'll refuse to take my payments. I e-mailed my lawyer and am waiting to hear back from him, but what kind of recourse does the CU have? Aren't they pretty much screwed because they didn't get the reaffirmation agreement and didn't object because I didn't sign/return it? Isn't accepting my payments for the past year enough for them?
    Technically, no. But then again this is a muddied area of law that is simply messed up. Who knows what will happen.
    So the poor debtor, seeing naught around him
    Yet feels the narrow limits that impound him
    Grieves at his debt and studies to evade it
    And finds at last he might as well have paid it.

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      #3
      My attorney said that I'll have to follow up with the mortgage company after I file for a reaffirmation agreement. She said she's finding some places aren't being that upfront with sending them and are holding them over people's heads if they want to refinance or make other arrangements. "You didn't sign this, so we don't have to do anything," was what she said she's hearing.

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