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Mortgage Reaffirmation -- later cancelling it?

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    Mortgage Reaffirmation -- later cancelling it?

    Today, my lawyer advised me to sign a reaffirmation agreement and approx 3 weeks later, to send a certified copy of a letter stating that I wish to cancel my reaffirmation. He said that if I did this, it was likely that the mortgage company would not catch it - continue to report my payments timely and if I kept a copy of the certified letter and receipt, this could be my proof for later...and i can just walk away when I wanted to

    So my question is this...
    1) If I reaffirm, can I cancel within the 3 month period? How common is this?
    2) What is the likelihood of this working?
    3) If it doesnt work and they cancel my reaffirmation AND I continue to live in this home for another 4-5 years, will a car payment (paid timely) sufficiently serve as a basis to rebuild my credit? Or is a mortgage necessary/good?

    Whew...

    thanks!!!

    #2
    I am no expert but this sounds like a TERRIBLE idea. I can't believe an attorney suggested this.
    Filed Ch 7 Pro Se 11-18-2010 341 Meeting 12-16-2010 Discharged 2-15-2011
    New Job 7-2011

    Comment


      #3
      Originally posted by cameron98sr View Post
      Today, my lawyer advised me to sign a reaffirmation agreement and approx 3 weeks later, to send a certified copy of a letter stating that I wish to cancel my reaffirmation. He said that if I did this, it was likely that the mortgage company would not catch it - continue to report my payments timely and if I kept a copy of the certified letter and receipt, this could be my proof for later...and i can just walk away when I wanted to

      So my question is this...
      1) If I reaffirm, can I cancel within the 3 month period? How common is this?
      2) What is the likelihood of this working?
      3) If it doesnt work and they cancel my reaffirmation AND I continue to live in this home for another 4-5 years, will a car payment (paid timely) sufficiently serve as a basis to rebuild my credit? Or is a mortgage necessary/good?

      Whew...

      thanks!!!


      My understanding is that you can rescind a reaffirmation within 60 days of the date you signed it. I have no idea where your attorney got the 3 month mark, and like chicagoannie, I think this is a horrible idea and is fraught with peril to you.

      You need to question your attorney as to why he/she thinks this is the way to handle your home.
      Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
      I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

      Comment


        #4
        I don't know about the cancellation idea, it sounds dangerous to me as well. But I can telkl you that without reporting the mortgage, you will be in the same situation as those of us who rent, and I've been able to rebuild my credit to a 677 EQ FICO with one installment loan (first a secured loan, then an auto loan) and a mix of secured or toy limit cards.
        Chapter 7 Filed 8/11/2009, Discharged 11/23/2009

        Comment


          #5
          I appreciate the advice -- love this forum!

          Comment

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