Reaffirmation of mtg

[jpayne]

What is the name of your state (only U.S. law)? TN

I'm sorry, new at this. I am trying to find out if I have to sign anything other than the Chptr 7 BK paperwork to reaffirm my mtg. I didn't... but wanted to make sure I kept my house - sad as it is... however, I believe my attorney dropped the ball on this one. The mtg co actually refused my payments by online or telephone so I had to FEDEX them to make sure of having proof they were made for 3 months.

When I tried to contact the mtg company, they would give me no info so I had no idea what was going on.

Recently I rec'd paperwork that the mtg co had filed with the court to have the filing "set aside" - what does that mean? I am running less than 30 days... behind (pmt for 6/1/08 just made today 6/26/08).. but now, $600 worth of attny fees have shown up on my acct and the mtg co is saying these are their atty fees, along with late fees for the payments when they weren't accepting them the normal way. I didn't agree to pay their atty fees, in fact since nothing was signed how can they say there was a reaffirmation?

 

[Ladynred]

I am trying to find out if I have to sign anything other than the Chptr 7 BK paperwork to reaffirm my mtg.

YES, you have to sign the REAFFIRMATION AGREEMENT.

Recently I rec'd paperwork that the mtg co had filed with the court to have the filing "set aside" - what does that mean?

Are you sure they didn't ask for a RELIEF FROM STAY ??

When did you file ?
Have you had your 341 Meeting of Creditors yet ?
Have you been discharged yet ?

since nothing was signed how can they say there was a reaffirmation?

If you didn't sign one, then there can't be a reaffirmation. Have you asked your lawyer any of this ?? That is who you need to have dealing with the mortgage company.

 

[jpayne]

reaffirmation

Thank you for your reply. No, nothing was signed. I requested reaffirmation but apparently it was not issued. BK discharged Jan 08. The order was to 'abondon property' which I just learned means that the Mtg co states they do not want to foreclose because the property is valued less than what is owed and therefore they could not sell to pay creditors. I apparently need to just keep making payments to remain in the house. However, they are trying to get me to pay all their atty expenses - $600 worth. After posting, my attorney finally replied and is looking into this. Apparently, my mtg co SAXON is horrible to deal with.

Thanks again for your help!