reaffirmation question

[ellis2156]

Can the judge turn down a BOA mortgage reaffirmation? Pacer says that it was entered correctly, but does that mean it was accepted? Have heard nothing since.

[AngelinaCat]

The judge in your case will examine the information you have submitted, and if he/she feels that a reaffirmation will be an 'undue hardship' on you, the reaffirmation will be denied.

PACER is only an online paper record of the paperwork that has been submitted in your file. Therefore, you will find your BK petition, any notices and any motions and orders from the trustee and judge in your case. So having something appear in PACER means nothing other than a document has been entered into your file.

[justbroke]

If you are represented by an attorney and the attorney signed the Reaffirmation and did not check the "undue hardship", then the reaffirmation is accepted upon filing. If your are not represented by an attorney or your attorney has checked the "undue hardship" box, then you will need a hearing before the judge.

While this is tongue-in-cheek, I will not ask about why you reaffirmed.

[AngelinaCat]

Yes. The usual recommendation from here is to not reaffirm anything, whether it be a home or vehicle....

[stevie2012]

The trustee AND atty in my case denied reaffirmation on mortgage but car was required by lender.

[stevie2012]

Well let me add something - the lender of my car actually wanted to repossess it even though I am current, as my disposable income on my means test was in the negative. I had to sign the reaffirmation if I wanted to keep the car AND also make a statement on how I am going to afford the car since I am in the negative.

[LadyInTheRed]

While this is tongue-in-cheek, I will not ask about why you reaffirmed.

And I won't point out that the reaffirmation can be unilaterally revoked by the debtor within 60 days of it beng filed.

[AngelinaCat]

The trustee AND atty in my case denied reaffirmation on mortgage but car was required by lender.

Usually, if the trustee and the judge rule against reaffirmation as being 'an undue hardship', the automobile financier will abide by that decision, as you have no control over it. However, your lender sounds like a real hard nut to crack.

Good luck to you.

[stevie2012]

The lender for my car is SunTrust. I've never heard of a company wanting to repossess a car (In my case, 24 payments in and not one late) rather than sign the reaffirmation, esp 5K upside down in the car. The trustee would NOT let me reaffirm the mortgage, however, and my atty was against that from the very beginning so I'm doing the stay and pay thing on the condo.

The trustee and atty were for me reaffirming the car payment, though...providing I wanted to keep it (which I do).

[mknolan]

I, too, was told by the lender (auto) that I had to sign a reaffirmation if I intended to keep my car. I have never missed a payment and have no intention of missing any. Car shopping is a pain in the neck and I bet it is a bigger pain with a Bk on your credit report. As far as my mortgage goes, I did not sign a reaffirmation and intend to stay and pay. I also have never missed a payment in over 15 years!! It is my understanding that Wells Fargo (my mortgage lender) does not do reaffirms.

[AngelinaCat]

Car shopping is a pain in the neck and I bet it is a bigger pain with a Bk on your credit report.

Yes it is. We tried to help goddaughter with a truck earlier this year. That was almost nightmarish.

[stevie2012]

I, too, was told by the lender (auto) that I had to sign a reaffirmation if I intended to keep my car. I have never missed a payment and have no intention of missing any. Car shopping is a pain in the neck and I bet it is a bigger pain with a Bk on your credit report. As far as my mortgage goes, I did not sign a reaffirmation and intend to stay and pay. I also have never missed a payment in over 15 years!! It is my understanding that Wells Fargo (my mortgage lender) does not do reaffirms.

Same boat. Wells Fargo is my lender for my mortgage and they did not require reaffirmation (atty wouldn't allow it anyway). I've never been late in 18 years...I'm doing the stay and pay.