Will bank let me reaffirm mortgage???

[Kenzlage]

I met with my attorney today and I think she was trying to be straight and not positive. Is it often a mortgage company will not reaffirm mortgage with you after filing chapter 7? Also, if we don't reaffirm, will we be safe continuing to make payments and able to keep the house? She said there is no way to know what they will do before filing and we can not afford to lose home. Also, mortgage is behind 1.5 payments but lender said we can do a repayment plan, should I so that then file?

[despritfreya]

Do not reaffirm. Just get your payments current and stay current. There are many posts on this subject - do a search.

[blueeyz]

Sounds very similar to my situation. I am also 1.5 payments behind and on a payment plan with my mortgage co but fortunately am now able to get completely caught up by the end of this month. I just met with the paralegal at my attorney's office today and she advised not to re-affirm just as many others on this forum have. It makes sense to just get current on your own and then continue making payments and as long as you stay current, you keep your home. By not re-affirming, you are not responsible for the house so if you decide to walk away at a later date, you are free and clear.

[Kenzlage]

Thanks for the info. My other question is if I file now and am on a repayment plan but technically not caught up, will they take house before I can catch up? I hesitate to wait too long to file because one creditor is already 3 months late. I really don't want to lose house or car. Our car is not behind. Thanks!

[despritfreya]

Chances are you will be caught up before anything bad can happen. Just do it.

[tcreegan]

Kenzlage,

wait too long to file because one creditor is already 3 months late. ...you got time. When you get the summons, then you have 20-30 days to get the BK filed.

Tom in Colo