Can a creditor change the terms of a reaffirmation after discharge?

[caffine]

During my Ch.7 I signed an auto reaff with a fixed percentage rate, and a month or two after the discharge the lender (a credit union) altered the rate by about a point... is this legal?

[keepmine]

Unless the orginal contract called for a rate change at this point, I don't see how it's legal. Have you contacted the lender or, your attorney?

[caffine]

Unless the orginal contract called for a rate change at this point, I don't see how it's legal. Have you contacted the lender or, your attorney?

Sent a note to the attorney and awaiting a reply... isn't the reaff a new agreement that trumps the original contract? Attached is the original loan info, and I don't see anything about rate change there either, but I was under the impression that the reaff contract was a new one. There's nothing in it about a rate change.

[keepmine]

No, a reaffirmation means you accept the terms of the orginal contract.

[caffine]

No, a reaffirmation means you accept the terms of the orginal contract.

Do they have to file the original contract with the court? I can't find anything that spells out all of the original terms.

[Greenie]

On mine, the lender attached a copy of my original contract to the reaffirmation agreement that was submitted to the court. The reaffirmation agreement itself also stated the terms, number of remaining payments, and interest rate. The judge even read the interest rate aloud at my reaffirmation hearing, so I'd be surprised if the rate could change after that without having the court approve the change.

[caffine]

On mine, the lender attached a copy of my original contract to the reaffirmation agreement that was submitted to the court. The reaffirmation agreement itself also stated the terms, number of remaining payments, and interest rate. The judge even read the interest rate aloud at my reaffirmation hearing, so I'd be surprised if the rate could change after that without having the court approve the change.

Yeah, mine's the same way, which is why I feel that way, too...

[momof5]

Our reaffirmation with the Credit Union for our car had terms as far as percentage rates the same but they threw in this ridiculious fee for their 'legal'. They were real sneaky about the wording and sure enough our payments would have gone up about 40$ a month.

They are getting the vehicle back.