Last question before I sign the papers...

[justbroke]

I don't think many creditors ACTUALLY read these things unless "Reaffirm" is checked. Don't get me wrong, there are cases in Florida where local banks (the ones I call ankle-biters) do seem to read the Statement of Intentions and are (beyond) annoyed when you don't select Redeem, Reaffirm, or Surrender.

[TRfromillino]

well, it's done. I signed the papers rather unhappily. Even at signing time, I was still questioning my decision. We went thru each selection and talked pros and cons. And I asked questions. Wanna hear the answers?? Why can't I check other and write in what I'd like? "That doesn't follow the guidelines for what you can put in there, it's for leins".. oh. What will they do if I put in what I'd like to do? "I dunno". oh. Ok, well if I surrender, can't they just come take the house the minute the stay is lifted even if I'm current? "Maybe, but if you're current, maybe not" oh. I said, well my dream scenario is to be able to stay and put the house on the market sometime in the next year. "Well you can do that if you reaffirm". oh Then I asked, if I change my mind about the reaffirment, what's my choices then? "Surrender is your only choice" I ask why and I was answered, "because the 'other' is for personal property, not real property" So I ask, why is it so many people can not sign a reaffirmation, check what I assume is the other box and their bk goes thru without a hitch? "I dunno". Well, I didn't seem to have much choice by that time but to sign the reaffirmation, which I plan to promptly refuse to sign when the time comes. In the meantime, I'm going to scrape up some money to go to a different attorney for a second opinion. Simply because I can't believe if you can change your mind about the reaffirmation you cannot select from the other two options. Not just one.

On the other hand, I'm sorta glad to have it in the works, even tho it's not quite going my way.

[justbroke]

Very non-committal on the part of your attorney. I will not second guess he reasoning, which I don't really see in your post. I will say that you can rescind the reaffirmation. Hopefully your bank will not want a reaffirmation or your follow through with not signing one.

[TRfromillino]

Well it was pretty much taking some of what he said, what I read in here and other places and my own gut feeling to get me thru just the signing of the papers to file! Can't say that he gave me any real concrete advice on any of the reaffirmation part. It was just reaffirm or surrender.

As it stands right now, if and when the bank sends the paperwork to the attorneys office and they send it down to me, I will most likely decline to sign it. Altho I'm not sure what my lawyer will say about that or whether it will be brought up at the 341. 2 unknowns so far.

[AngelinaCat]

I will most likely decline to sign it. Altho I'm not sure what my lawyer will say about that or whether it will be brought up at the 341. 2 unknowns so far.

The trustee may ask what your intentions are regarding the home. When 'Hub and I accompanied 'Hub's ex to her 341, the trustee aske her what she was doing with her home. She surrendered it, and said so. This was her major asset and she was no longer able to make the payments.

If you are asked, just say that you are "current on your payments and wish to stay and pay, but not reaffirm."

Do you know if your attorney will accompany you, or send a stand-in? We had a stand-in at our 341, and so did Mrs, ex'Hub.

(PSSST: Although from what you have told us about your attorney, it sounds like a dead mullet would represent you better...)

[TRfromillino]

I'm sure my attorney will be there that day. Unless he sends his secretary..lol I recieved my packet with all my 341 info in it today along with a copy of what was filed. She sent me a cheat sheet also that I'm supposed to use to write down my info for questions that could be asked. 2 of the possible questions to be asked: Have you filed a SOI on Secured Property and Have I performed that intention? Oh boy. Should that question be asked, I guess at that point I would say, no, I've decided not to reaffirm, I'm current on my payments and would like to stay and pay. I will have to listen very carefully to how it's worded, I guess. I'm sure I won't be too stressed out to do that...lol