Results 1 to 3 of 3

Hybrid View

  1. #1
    Join Date
    Aug 2017
    Posts
    1

    Default Why Would a Debtor be Barred from Mortgage Reaffirmation in Bankruptcy

    My question involves bankruptcy in the state of: Nevada

    My lawyer gave me the option to complete my reaffirmation form myself if i didn't want to be charged for him to complete it for me. I turned in my reaffirmation agreement form on 7/14/17. I was not aware or have been told that there was a deadline "day of discharge" that i needed to turn in a completed reaffirmation agreement form. I received an email on 7/24 and 7/26 as a reminder to complete section D that requires my statement to pay my mortgage debt. I have had no access to my emails until 7/28 in the evening. On Monday (work day) i submitted my statement to the law office for the lender. Same day with a response stating that my debt was discharged on 7/26 and "Not" possible to reaffirm.

    Can someone please help me understand WHY it is not possible to reaffirm and what steps i can take to get it reaffirmed. Am i loosing anything?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Mortgage Reaffirmation

    Can someone please help me understand WHY it is not possible to reaffirm
    You missed the deadline.

    and what steps i can take to get it reaffirmed.
    I don't know.

    Talk to your lawyer.

  3. #3
    Join Date
    Sep 2010
    Posts
    478

    Default Re: Mortgage Reaffirmation

    I believe Nevada is not an anti-deficiency state meaning, if you had reaffirmed and then defaulted you would have been liable for some or all of the balance due under the contract after the property was foreclosed.

    Now, in answer to your question. . . 1) The reaff needed to be signed by all parties before your discharge was entered. 2) If you really want to have the "benefits" of a Reaffirmation Agreement which may or may not be approved by the Court and, which IMHO is stupid, you would need to get your discharged revoked. Once revoked you woud enter into the Agreement and wait to see if the Court approved it. Once the Agreement was either approved or denied, you would file a Motion to reinstate your Discharge. Seems like a lot of work for something that simply has no benefit to your but for possible reporting to the credit reporting agencies.

    Just continue to make your mortgage payments and leave Reaffirming to consumers who get scammed into thinking such is a good thing.

    Des.

    1. Sponsored Links
       

Similar Threads

  1. Bankruptcy Issues: Reaffirmation of a Mortgage After an Ex-Spouse's Bankruptcy
    By scorpiondancer in forum Bankruptcy Law
    Replies: 1
    Last Post: 07-19-2015, 11:10 AM
  2. Post-Discharge Issues: My Attorney Failed to File My Mortgage Reaffirmation Prior to Bankruptcy Discharge
    By SDP in forum Bankruptcy Law
    Replies: 4
    Last Post: 02-22-2012, 05:52 AM
  3. Replies: 1
    Last Post: 06-15-2011, 10:46 AM
  4. Chapter 7: Mortgage Reaffirmation Chapter 7
    By bigbluesky in forum Bankruptcy Law
    Replies: 1
    Last Post: 01-07-2010, 08:18 PM
  5. Chapter 7: Mortgage Reaffirmation
    By 55123 in forum Bankruptcy Law
    Replies: 4
    Last Post: 11-05-2008, 01:40 PM
 
 
Sponsored Links

Legal Help, Information and Resources