Adding to my list of questions....

[keepsmiling]

Your lawyer must work for the bank. We should all pay him a communal visit. :P
I don't suppose he will do a lot for you from hereon without notifying and BILLING you. Usually anything post 341 costs more .
Sorry for all of your odjita (sp??) but hoping whatever happens now works out well for you.

[TRfromillino]

Well, since the reaffirmation stuff began well before the 341, I would think he would finish it out w/o a charge. God knows, I'm not keeping him around for anything else!

[mknolan]

TR..so sorry about this whole debacle!! I think you made a wise decision based on what you're facing. Like you said, down the road should you decide you are no longer able to afford your house you can always put it on the market. I hope all goes well for you going forward!! :-)

[TRfromillino]

Thanks, mk, and everyone really. My stomach has been tied in knots all day. Not a good thing when you work with behavioral children and you're becoming behavioral yourself...lol Now I just alternately hope that the papers go thru smoothly and things go back to normal, or the judge looks at the papers and says o hell no in my favor and the bank can stuff their ipso facto. I know my lawyers feelings are that if at any time during the month I have enough $$ to pay my mortgage in my account, then he will sign the papers. Guess it doesn't matter that my disposable income is .05. I'll put it in savings if it's actually there. Hasn't been yet, really. lol I'm going to have to find a part time job and my oldest is helping out at times with giving me things to do that help him and his wife out and I appreciate that very much.

I sent an email to the lawyers office advising them that I had sent the papers back to them and would appreciate some knowledge that the bank was going to stop any idea of foreclosure when he contacted them. I also asked him to have them send me a statement of what I owe the bank as I'd not gotten one since I filed. I have my own record, but I want theirs too. I know they want to charge me $150 for their attorney filling out the reaff papers but I want to make sure my payments were being applied properlyand they haven't tacked any other fees on there. I asked that they send me a copy of my reaff papers ( don't have a copier) and of any other correspondence with the bank. The only reply I got was to make sure I did my second debtors education soon. Nice.

[TRfromillino]

In my latest communication with the lawyers office, I sent them an email asking if they recieved the papers today. Got one back that said yes and that the lawyer would be signing them and sending them to the bank/lawyer for processing. It also said that they were filing a motion against the lift of stay saying that I signed the papers. I stared at that for awhile and thought wait...doesn't the filing of the reaffirmation papers lift the stay anyway? I think it does! The other thing is, is that the UST filed the deficiency against the bank for not having something correct and they have made no move (as of today) to correct it. My lawyer would have been better off to file a motion of something about the ipso facto not being enforcible instead. wth!! I could be wrong and I often am, but this is screaming scare tactic at me. I think I'm going to move to Key West, live in Earnest Heminway's bar, drink very cold drinks and feed peanuts to the doves.......

[mknolan]

TR...I'm right behind you headed to Key West, drinking "frosty tropical drinks" at Jimmy Buffet's bar!! Sounds like a plan!! Beach Bumb! :-)

[pamkev]

TR big time scare tactic. I really think your lawyer knows someone at that bank.

Love Key West can I come with you

[TRfromillino]

anytime!

[LadyInTheRed]

wait...doesn't the filing of the reaffirmation papers lift the stay anyway? I think it does!

No, it doesn't.

[TRfromillino]

Glad I'm wrong! Thanks Lady! I still want to go to Key West tho!

[TRfromillino]

I see on my Pacer update that my lawyer has filed a motion to object to the stay lift on the grounds that I sent in the reaffirmation papers. Since I can't ask him 'if' questions, I wonder what happens *should* the bank not sign and file them?

[TRfromillino]

Guess I don't have to guess anymore. They filed the reaff today. Such is life...

[LadyInTheRed]

Lady, of course I can still rescind until discharge.

You were responding to AngelinaCat, not me. But, that's not the reason for this post.

You have 60 days from the date the reaffirmation agreement is filed to rescind it, whether discharge occurs before or after that date.

(4) the debtor has not rescinded such agreement at any time prior to discharge or within sixty days after such agreement is filed with the court, whichever occurs later, by giving notice of rescission to the holder of such claim;

See 11 USC § 524(c): http://www.law.cornell.edu/uscode/text/11/524

[TRfromillino]

lol Lady, must of been the 'red color' in her avatar that made me think it was you. Yes, I can rescind, and I can also hope that the judge who has to at least glance at it will toss it out. I don't forsee either of them happening. At least if things get really bad, I can sell the house and move on. I figure I've only got about 3 years anyway because my 'arm' is up in that amount of time and even with good behavior by me, I doubt they will renew my note without significantly raising the interest, if at all.