Who files the Reffirmation Agreement

[bunks]

I filed chapter 7 and already had the meeting w/the trustee. I want to reaffirm my mortgage and have the paper work to do so. My attorney signed off on it but is saying the mortgage co. has to file it and the mortgage co. is saying the attorney has to file!!! Who the hell is suppose to file it???

[anonymuse]

This agreement is not valid or binding unless it is filed with clerk of the bankruptcy court. If you
were not represented by an attorney during the negotiation of this reaffirmation agreement, the
agreement cannot be enforced by the creditor unless 1) you have attended a reaffirmation hearing
in the bankruptcy court, and 2) the agreement has been approved by the bankruptcy court. (Court
approval is not required if this is a consumer debt secured by a mortgage or other lien on your real
estate.)

CERTIFICATION BY DEBTOR'S ATTORNEY (IF ANY)
I hereby certify that 1) this agreement represents a fully informed and voluntary agreement by
the debtor(s); 2) this agreement does not impose a hardship on the debtor or any dependent of the debtor;
and 3) I have fully advised the debtor of the legal effect and consequences of this agreement and any
default under this agreement.
__________________________________________ _________________
(Signature of Debtor's Attorney, if any) Date

[poorme]

This is your attorney's job, to ensure that the form is filed with the court as part of your file and to make sure it gets to your mortgage holder for them to approve/accept. Once they do - the court will make it part of your filing conditions.

[bunks]

reaffirmation of home loans

So confusing. One of my mortgage co. wants my attorney to file it and the other mortgage co. says they will file it.

[macahs]

So confusing. One of my mortgage co. wants my attorney to file it and the other mortgage co. says they will file it.

Our mortgage co. (ASC) told us the other week they did not see a reaffirmation on the acct and that they don't send these out, our lawyer is responsible for doing so.

We called our lawyer immediately (because we're up for discharge within a week or so) and he found out they changed their policy and it was up to the lawyer to send it in.

Regardless, my opinion would be - make the attorney do it if that's what the mortgage company is telling you!