QUESTION

How can i get a reaffirmation of my mortgage loan?

Asked on May 04th, 2012 on Bankruptcy - Florida
More details to this question:
I file Chaper 7 on my credit car and I included my Morgage. I never stop paying my Morgage and would like to do Reafirmation on my home loan to take it outof Bankruptcy.Thank You,Atala Montejo
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3 ANSWERS

Burton J. Green
It may not be necessary to reaffirm your mortgage loan as long as you are current in the payments. Your bankruptcy division may not require reaffirmations for home mortgages and the lender may not be able to require the reaffirmation as long as you have stated in your statement of intentions that you intend to "retain" the home. You may have to amend your statement of intentions to clearly state that you will retain but not reaffirm. But if all that does not work for you, then you should simply request the lender to send you a reaffirmation agreement which it should be happy to do. Then follow the instructions sent with the reaff agreement.
Answered on May 09th, 2012 at 11:58 AM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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In order to do that you would need to talk to an attorney. It would be best to talk to the attorney who represents you in the bankruptcy. This can become very complicated, and that is why you do not want a petition preparer to do work for you. They are not as educated as attorneys on matters such as this, and simply cannot give you legal advice. Doing a reaffirmation will not take your home out of bankruptcy, but if you default in the future, they can still sue for foreclosure, and most likely would be entitled to what is known as a deficiency judgment against you. If you do not have an attorney, perhaps the mortgage company will speak with you regarding reaffirmation. If they do not contact you for a reaffirmation, let the debt be discharged. Keep paying your mortgage payment, or you will eventually lose the home. If you have remained current, there is no need for the mortgage company to file a foreclosure. Now this is tricky, but if the debt is discharged, that means you do not owe it. If all goes well in the future, you would eventually get a satisfaction of mortgage. If on the other hand, at some point in the future you are unable to pay the mortgagem, the debt will have already been discharged, unless you reaffirm.
Answered on May 09th, 2012 at 11:55 AM

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Commercial Bankruptcy Attorney serving Davie, FL at Law Office of Jeffrey Solomon
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Is your case already closed? Then you would need to reopen the case if the court would grant such the motion. However, you should consult an attorney. There are serious drawbacks to signing a reaffirmation despite what seems to be benefits. If you cannot pay someday in the future, you are subject to a deficiency claim.
Answered on May 09th, 2012 at 11:50 AM

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