Discharged and not reaffirmed!

[kydiv]

I filed in Nov under the new laws and chose to reaffirm my home and car. While filling out the paperwork with my lawyer, I remember signing the agreements to send to the creditors. They're even listed on the intention page in the paperwork.

I was discharged in March and I checked my credit reports a couple of weeks ago. All three reporting agencies showed my home as "discharged". I disputed all charges, and got a reponse from Experian today - no change in status. So I called WellsFargo - they have no record of a reaffirmation of the loan, to them it's discharged.

I'm sooooooo PO'd right now. I have left my lawyer a message and intend to rip him a new one when he calls me back. I trusted him to do this right and he f'd it up.

And as I sit here crying, I'm freaking out....what now? What happens if I stop making payments on both the cars and the house? Nothing? Will I lose them both? If I stopped making payments, I could put sooo much money in the bank and also do some home improvements.

Help, I'm so confused.

[anonymuse]

The credit bureau reports are often inaccurate following your BK discharge. Take a deep breath, count to 10, and then write down all of the questions you have for the lawyer so that you can have a productive conversation with him when he calls you back. Don't put him on the defensive and start pointing fingers--even though it's extremely hard not to be. If you maintain your composure it will be as if you are working together to fix this than being adversaries.

[SinkingFast]

Ditto's to what Anon said.

Be nice with your attny. Have your list of questions ready and have a constructive conversation. This may not be his fault.

Also, you may have gotten inaccurate info from the Wells Fargo Cust Rep you spoke to on the phone. Did you call the regular Customer Service?? If so, that may be the reason.

Larger Lenders have departments of specially trained people dedicated to dealing with clients who've filed BK. Lenders can and cannot do/say certain things, by law, for/with/to clients who've filed BK. May be possible the person you spoke to today doesn't know what they're talking about.

You need to check your BK paperwork, maybe at the Court House if necessary, to be sure the appropriate Reaffirmation Agreements were filed with the Court as part of your BK case file. You might also try calling your auto Lenders and Wells Fargo and ask to speak directly to the Dept that handles clients who've filed BK.

Maybe you'll have better luck and get more accurate info.

[FloridaGirl]

I'm sure everything is okay. Your home is the most important thing you have, and I'm sure your attorney wouldn't screw that up for you. If, by some chance, he did, then see what he can do to fix it. If he says nothing, then it would be time to sue for negligence. This is no small deal. My negligent attorney caused a judgment to be entered against me just before my BK was filed. I know how it feels to have your case messed up.

But, as the others said, talk to him in a decent manner, as this is probably some mistake. I sure hope you have copies of your reaffirmation papers. Those are all the proof you need. Good luck with it!

[kydiv]

Right Dept

Yes, I talked to the right department. I started out with the regular home mortgage number and he transferred me to the bankruptcy department. The people were very nice, and the rep I talked to logged on to Pacer while she had me on the line to see what had been filed. She didn't see any reaffirmations. I logged on later and she was right, nothing is there.

Still freaking out a bit at this point. I did make a list of questions, tho, and am waiting for the lawyer to call me back.

[robivi3]

These large Companies have alot of Offices. If dealing with Chase then you are dealing with multiple offices at once. Your lawyer likely filed the reaffirms. Keep current on your payments for now, but talk calmly and rationally to the Atty. Write down your questions, be firm in wanting a correct and well explained response.

Sinking has it down right. Check the Courthouse Docs. Chase took a long time to deal with this. They are fairly incompetent. Irwin Home Equity was excellent to deal with, they have their act together.

[lawforever]

Its not your lawyers fault just because the credit reporting agency decided to mark your account closed. Its your creditors' fault for sending that information to the credit reporting agency. People need to quit blaming their attorney for which they have no control over. Additionally, your attorney is only responsible for the drafting of peition, filing it, represent you at the meeting of creditors, etc... Adversary proceedings are not even included.