QUESTION

What is the upside of reaffirmation of my mortgage?

Asked on May 03rd, 2012 on Bankruptcy - Michigan
More details to this question:
What is the upside of reaffirmation of my mortgage after filing chapter 7 in Pennsylvania? I want to keep my home, lower my mortgage rate and eventually own it outright so I have something to pass on to my children. Any thoughts or feelings?
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7 ANSWERS

There is none. Don't re-affirm a mortgage, ever, no matter what.
Answered on May 18th, 2012 at 3:44 PM

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It is extremely unusual to reaffirm a mortgage debt. There is no compelling reason to do so.
Answered on May 18th, 2012 at 12:04 PM

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The upside of reaffirming your mortgage is that you get to keep the home and some or all of the equity that there is in the property.
Answered on May 17th, 2012 at 7:41 PM

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Daniel James Wilson
I practice in Colorado, and every jurisdiction is different. Having said that, there is no particular benefit to reaffirmation of mortgage, IMHO.
Answered on May 17th, 2012 at 5:05 PM

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Bankruptcy Law Attorney serving Madison Heights, MI at Able Legal Services, PLC
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The up side to reaffirming a mortgage, is that you may be able to build your credit again with the particular lender. As a lawyer, I do not se much up side in reaffirming debts, however, a house is a little different. It is not totally clear, and the law is not settled, but the creditor could possibly accelerate the loan because many contracts call the filing of a Bankruptcy a technical default. Their is another school of thought that says, you can not foreclose on a house if the purchaser is current in payments. Their seems to be some conflicting laws and precedent. But in general, if you are underwater on the house, you may want to re consider your options.
Answered on May 17th, 2012 at 4:06 PM

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Bankruptcy Attorney serving Tucson, AZ at Trezza Law
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Reaffirming a mortgage debt is usually a bad idea. You lose the protection of the discharge is you cant fulfill the terms and conditions of the reaffirmation agreement. You can still accomplish the goal you stated in your quedtion by paying per the original contract.
Answered on May 17th, 2012 at 3:49 PM

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Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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If your home is worth less than the mortgage balance I would not reaffirm.
Answered on May 17th, 2012 at 2:45 PM

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