Did not reaffirm mortgage but stayed in home

WebMay 31, 2012 · If you received a discharge in bankruptcy AND you DID NOT reaffirm either of the debts secured by the mortgages, you can just stop making payments and live in … WebReaffirmation and Loan Modification. Reaffirmation agreements generally benefit the mortgage company, not you. When you sign a reaffirmation agreement, this effectively waives the discharge you would have received in your Chapter 7. A reaffirmation agreement is a legally binding contract that re-obligates you on the mortgage loan.

Discharged Ch 7 with non-reaffirmed secured loan (on home

WebOct 1, 2012 · My husband and I filed Chapter 7 bankruptcy and it was discharged in May 2010. We did not reaffirm our mortgage, but have stayed in the house and continued … WebIt’s also important to understand that while you cannot be held accountable by the lender if you default, you are still responsible for the mortgage and you are still the owner of the home. While filing for bankruptcy will postpone the foreclosure process, it does not pay off the mortgage or protect you from foreclosure. list the continents that are home to birds https://ricardonahuat.com

Chapter 7 already discharged - mortgage not reaffirmed

WebSep 28, 2015 · Mortgage lenders typically prefer you to reaffirm the debt because it gives them more leverage and options. Often, though, it’s better for you not to reaffirm to give you more options. However, one of the … WebDec 6, 2010 · Therefore, reaffirming debt on a home is a serious legal question. For example, if you file a Chapter 7 bankruptcy case, your home is worth $200,000.00 and you owe $240,000.00 on it. You can file a Chapter 7 bankruptcy case, move to another home and get discharged from the debt owed to your mortgage company. WebDec 30, 2014 · I did not reaffirm my mortgage and will keep my house. For what I have read and what my lawyer has adviced me is senseless to reaffirm a debt (my lawyer does NOT beleive in reaffirmation). By not reaffirming you wont loose your home, NOT making payments and going to forclosure will make you loose your home, but that would happen … list the components in the eis

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Did not reaffirm mortgage but stayed in home

Chapter 7 already discharged - mortgage not reaffirmed

WebApr 28, 2024 · Yes, you can, but the timing is tricky. Short answer: You can rescind (cancel) it : 1. any time before discharge or 2. within 60 days of the agreement being filed with the … WebJun 27, 2024 · Failing to reaffirm your debt with the mortgage lender in bankruptcy proceedings means you accept the debt as discharged. Discharged means you release …

Did not reaffirm mortgage but stayed in home

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WebAug 28, 2012 · We did not reaffirm our mortgage & recently tried to remortgage under the new harp loan with our current mortgage company but they refused to do it unless we … WebJun 17, 2011 · You are not required to file a reaffirmation agreement for real property. It sounds like what you did was indicate that you intended to to reaffirm your mortgage on …

WebEven if you don't reaffirm, many lenders (with a few exceptions) will still let you keep the property as long as you make timely payments on the loan. However, you should make sure that your lender will not repossess your property before deciding not to reaffirm if you cannot afford to lose it. Get Professional Help WebSep 27, 2011 · The recorded lien will stay on the home and you will not be able to borrow on it or sell the home without paying them off or settling with them even if the housing crash reverses. ... (or equal to) the balance on the first mortgage and there is absolutely no value left to secure the 2nd mortgage (close does not do it); however, this can only be ...

WebJun 5, 2013 · Answered on Jun 05th, 2013 at 8:18 PM. You cannot reaffirm any debt after your bankruptcy has been discharged. Bankruptcy law requires any reaffirmation to occur before the discharge is entered. In addition, the only reason to reaffirm is to persuade the mortgage company to report your ongoing payments to the credit bureaus. WebJun 5, 2024 · A bankruptcy discharge does not completely extinguish the prepetition debt. While the debtor’s in personam (personal) liability for the debt is discharged, the discharge does not extinguish a creditor’s in rem rights to foreclose on the property against which it holds a lien (see Johnson v. Home State Bank, 501 U.S. 78, 82–83 (1991); Long v.

WebAug 28, 2012 · We did not reaffirm our mortgage & recently tried to remortgage under the new harp loan with our current mortgage company but they refused to do it unless we reaffirmed first. ... We were now thinking that we may have more luck trying to get a home equity loan to finish the garage. Dorothy G Bunce View Profile . 4.9047619047619 stars …

WebAside from a rare minority ruling on this subject, the debtor can be assured that he/she does not need to reaffirm the mortgage to stay in the home. What the debtor must do to stay in the home is to continue to pay on the mortgage. However, this is true whether or not the debtor filed bankruptcy or not. The bankruptcy debtor should in fact be ... impact of mobile technology on businessWebDebtors do not have to reaffirm a mortgage debt. Most Debtors Should Not Re-affirm a Mortgage Generally, there is no reason to reaffirm a mortgage obligation unless the … impact of modern west on indian societyWebMay 18, 2011 · filed chap 7 in 2009. Did not reaffirm my house, but did get a loan modification right after the bankruptcy. My payments do not show on my credit report as a mortgage. I have been paying my mortgage ever since. I am thinking of leaving since I am way upside down. I am in Florida. Any idea how long I can go without paying and still … impact of modern education in tribal societyWebAug 31, 2010 · We stayed in our house with a $2300 a month mortgage. We did not reaffirm the mortgage; we just stayed in our home and kept making payments. We filed with credit scores of 720 each and to this day have never been late on the house payment, nor on other obligations. My wife has become ill and may have to quit her job. impact of modernism on societyWebNov 23, 2014 · A Reaffirmation Agreement is a document signed by the debtor and the mortgage creditor that agrees that the debt is not discharged in the bankruptcy. To be effective, Reaffirmation Agreements must be filed with the bankruptcy court before entry … list the content of /var directoryWebApr 28, 2024 · Yes, you can, but the timing is tricky. Short answer: You can rescind (cancel) it : 1. any time before discharge or 2. within 60 days of the agreement being filed with the court. Long answer: According to the bankruptcy code, 11 U.S.C. 524 (a) (3) (J): You may rescind (cancel) your reaffirmation agreement at any time before … Continue reading impact of miscarriage scaleWebshould not reaffirm. A debtor should not enter into a reaffirmation agreement to retain property if he or she can get adequate replacement property for less money. For example, if a replacement used car costs $5,000 at a 5% interest rate and the reaffirmation agreement would require the debtor to pay $6,000 at a 5% interest rate or list the correct ways of declaring an array