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Reafirming Questions

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mack14

Junior Member
What is the name of your state? IN

I had my 341 meeting in April and reafirmed my 1st mortage, and my car. I had recieved letters frome both the 1st mortage lender and the bank that finances the car. Signed them and sent them back to the lawyer for filing. I also have a second mortage on the house with another lender. I never recieved a letter from them nor did I sign anything reafirming the debt with them. At the 341 when asked what we were reafirming I told the trustee, the house, 2nd mortage and the car. No problem. I do not recieve any statements form the 2nd mortage lender, and was told by that lender that I would have to notify them in writing that I want statements sent to me. I have not done that yet, but have continued to make payments to them and retained the receipts (probably 3 payments with no invoice) Now my concearn here is that I heard a story of a couple that had filed BK, got there discharge and failed to reafirm there mortage in the BK, paid the lender for 5+ years on time and then were told that they do not own, nor are the buying the house, but all those payments were considered rent. Now this was from a third party, so I don't know every detail, but that doesn't seem right to me. Do I need to do anything other than notify that lender in writing that I want statements. At the 341 the lawyer said we can keep whatever we want as long as we continue to make the payments on-time and we don't have to do anything different. This is in the same state. I don't want to end up trying to sell my house in afew years and find out I don't even own it. Something seems odd with that story. What do I have to do to make sure this doesn't happen to me?
 


Ladynred

Senior Member
Now my concearn here is that I heard a story of a couple that had filed BK, got there discharge and failed to reafirm there mortage in the BK, paid the lender for 5+ years on time and then were told that they do not own, nor are the buying the house, but all those payments were considered rent.

PURE HOGWASH !! That 'story' was a FAIRYTALE for sure :rolleyes:
Interesting, IN courts require reaffirmation to keep secured debt, sounds like someone goofed unless the law has changed. Regardless, if you just keep up the payments, you keep the property. The bank is happy to be paid, but they can't just send you statements unless you request them. As long as you pay, that money goes to pay off your loans and builds your equity, just as it normally would.
 

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