Not signing a reaffirmation agreement
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Not signing a reaffirmation agreement
In my bankruptcy many years ago, I did not sign a reaffirmation agreement on my late model mobile home, but continued to pay monthly notes as they came in. Now years later, we are wanting to move but have been unsuccessful in selling our home – Lenders will not lend money on used mobile/manufactured homes. What legally can we do to get out from under our note since the load was never reaffirmed? Can we draw up an agreement to settle with the mortgage company on an amount to buy the home out right?Please help!
Asked on May 28, 2009 under Bankruptcy Law, Texas
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Can a creditor ask a debtor to reaffirm the debt?
Yes, this means that the creditor is asking that the debtor pay the debt anyway, even though it is eligible to be discharged in bankruptcy. A debtor may be willing to do this if there is a co-signer or guarantor of the debt (such as a family member, friend or employer) that the debtor does not wish to leave saddled with the debt. Also, a debtor may want to reaffirm a debt in order to avoid having a secured creditor take the collateral securing the debt. A creditor may also ask a debtor to reaffirm the debt before he (the creditor) will agree to do business with the debtor again. This only applies in Chapter 7 consumer bankruptcy. This will not usually happen in a business Chapter 7.
The decision to reaffirm a debt is voluntary; no law requires the debtor to do it. The debtor can also choose to pay a debt that has been discharged in bankruptcy without reaffirming the debt, which means that the lender has no legal rights to collect the debt. Reaffirmation agreements can't impose an undue burden on you or your dependents and must be in your best interest.
A debt is reaffirmed in an agreement filed with the court within 60 days after the first meeting of the creditors in the bankruptcy case, also called the 341 meeting. Once you sign a reaffirmation agreement you have 60 days or until the judge issues the discharge order in your bankruptcy case to cancel the agreement.
It is important to remember that a reaffirmed debt is not wiped out (discharged) in bankruptcy. Once your bankruptcy order is filed and the debt is reaffirmed, you must pay the debt. If you don't, the creditor can sue you for the balance owed or repossess the property in a secured debt.
(Reviewed 11.4.08)
(from the Freeadvice.com site on bankruptcy). Here is the link: https://bankruptcy-law.freeadvice.com/bankruptcy-law/creditor_debtor.htm
I would if I were you still consult with an attorney in your state to determine if this is the best route for you. Try a bankruptcy attorney at www.attorneypages.com and check his or her record at the Texas State Bar.
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