Considering letting the house go after reaffirmation

[Mi Bankruptcy]

I reaffirmed our house in Michigan after the attorney pretty much said I had to reaffirm. I went to PACER and the Reaffirmation is posted there. However, Everytime call Wells Fargo they tell me they never received one. Houses are so cheap I would love to buy one on a land contract. Does the reaffirm still stand since it is filed with the court but WF says they never received one?

[Mi Bankruptcy]

bump

[justbroke]

When did you reaffirm? If you did it within the last 60 days, please, for the love of the BKForum (), withdraw the reaffirmation. The reaffirmation will always stand since it is filed with the Court!

[Mi Bankruptcy]

It has been over a year since I did it. The freaking lawyer scared my wife and said we had to do this. I am not in any trouble and I am making the payments just fine. However, with all the prices dropping and Wells Fargo insisting they never received a reaffirm agreement I want to know if they could go back to the court on me? I probably wont do it, but it would be nice to know.

[justbroke]

Since it was filed with the Court, they only need check PACER. You may want to look in PACER and check to see if the hardship box was checked.

[Mi Bankruptcy]

I am looking at form240A and Presumption of Undue Hardship is checked.

My signature is on there and Wells Fargo bankruptcy specialists signature is on there. Part C was checked and signed by my attorney

[justbroke]

I am looking at form240A and Presumption of Undue Hardship is checked.

Interesting.

First, is your creditor a credit union? If so, then that presumption of undue hardship means nothing.

Second, look for an Order somewhere after the reaffirmation agreement which indicates that the Presumption of Undue Hardship on the reaffirmation agreement was rebutted.

Third, check the reaffirmation agreement and see if your attorney signed it and indicated that it was not an undue hardship.

Check out my post here. However, if your attorney "certified" it by signing the end of the form that it does not present a hardship, then no hearing was necessary.

[Mi Bankruptcy]

OK, now I am confused.. It is not a credit union.

PART C (240A)
( check mark)I hereby certify (1) this agreement represents a fully informed and voluntary agreement by the debtor;(2) this agreement does not impose an undue 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.

( checked box) {Check box, if applicable and the creditor is not a credit union] A presumption of undue hardship has been established with respect to this agreement. In my opinion, however, the debtor is able to make the required payment.

signed by attorney and pulled from PACER today

[justbroke]

Okay, the question will be whether a properly completed and signed Reaffirmation Agreement, with the Presumption of Undue Hardship box checked, but attorney indicating that in his opinion "the debtor is able to make the required payment", does that still require a hearing?

This may be District specific.

[Mi Bankruptcy]

It was over a year ago and I never went in front of a judge. They did have me write an explanation of why I think I could continue to pay the mortgage. It just blew my mind when I called Wells Fargo and they tell me they dont have an agreement after over a year. I have never been late or ever missed a payment. However, I would love to walk and put cash down on another house.

[justbroke]

Well, this is a question of law and whether that required a review. In the bankruptcy code, any reaffirmation agreement submitted by a pro se debtor or any agreement where the undue hardship box is checked, is supposed to be "reviewed". Since this is a question of law, local practice, and precedence, I have no answers. However, the Court would be required to hold a hearing if the court found it created a hardship.

Did you see any Orders after that reaffirmation agreement?

[Mi Bankruptcy]

The funny thing, what I noticed Western District of Michigan. The Reaffirm agreement requires
Part A , B, C, D,& E to be checked and none of them are. However, I signed Part A, and my attorney signed Part C ( Certification of Debtors Attorney. The document also included Part D ( Debtors Statement in Support of Reaffirmation Agreement) which is signed. However, Part E Motion for Court Approval was not checked and I can not find a judge that signed off on anything.