In an earlier blog I discussed the pros and cons of signing
reaffirmation agreements for first mortgages.
In my opinion, the client should never sign
a reaffirmation agreement for a «junior» mortgage - either a second mortgage or a home equity line of credit.
Not exact matches
So the
reaffirmation agreement gives the lender a right (sue
for a deficiency) that it likely won't exercise.
Some lenders won't send monthly statements
for your mortgage payments or allow you to set up automatic debits from your bank account without a
reaffirmation agreement.
If you sign a
reaffirmation agreement, you take that personal liability back on and allow the creditor to sue you
for any deficiency if you default on the loan.
For more R terms:
Reaffirmation Agreements - Omaha and Lincoln, Nebraska Bankruptcy Attorney, Ryan D. Caldwell Redemption - New York Bankruptcy Lawyer, Jay S. Fleischman Retirement - Bay Area Bankruptcy Lawyer Cathy Moran Repossession - Colorado Springs Bankruptcy Lawyer Bob Doig
Reaffirmation Agreement - Cleveland Bankruptcy Attorney, Bill Balena
Reaffirmation - Metro Richmond Consumer and Bankruptcy Attorney, Mitchell Goldstein Redemption - Metro Richmond Consumer and Bankruptcy Attorney, Mitchell Goldstein Rental vs. Continued Home Ownership - Philadelphia Suburban Bankruptcy Lawyer, Chris Carr Renting After Bankruptcy - Los Angeles Bankruptcy Attorney, Mark J. Markus Reaffirm, Redeem, or Retain & Pay?
Rather than repossess a vehicle that has a loan of $ 5000 against it (and receive $ 1000
for it at an auction), the smarter creditors will agree to just continue taking your money without a
reaffirmation agreement if you're willing to continue paying.
Check out THIS POST
for a more detailed explanation of
reaffirmation agreements.
If the debtor defaults on payments after signing a
reaffirmation agreement, the creditor will have the right to sue
for a deficiency judgment.
If the client has signed a
reaffirmation agreement, the client will be legally responsible
for the deficiency between the loan balance as of the time the car was repossessed, together with the costs of repossession (tow - truck, storage, etc.) and the sales price of the vehicle when the vehicle is sold at an auction.
That's the problem with signing
reaffirmation agreements: there's a possibility that by doing so, clients will be creating extremely expensive obligations
for something that almost every adult needs: a functional car.
And since filing a bankruptcy case, or filing to sign a
reaffirmation agreement following the filing of a bankruptcy case is not grounds
for a mortgage lender to start a foreclosure, the non-signing client really doesn't face the same risks that a non-signing client does with a car loan.
If a clients signs a first mortgage
reaffirmation agreement and later defaults on the mortgage loan, the lender will still foreclose, but assuming that the lender forecloses by advertisement (and almost all mortgages are foreclosed this way in Minnesota), the debtor need not worry about having to pay a deficiency if the home sells
for less than the mortgage balance.
For example, to keep a car the debtor may choose to redeem the debt (pay the secured creditor the value of the collateral in exchange for a release by the creditor of their lien) or reaffirm the debt (sign a reaffirmation agreement and continue to make car payment
For example, to keep a car the debtor may choose to redeem the debt (pay the secured creditor the value of the collateral in exchange
for a release by the creditor of their lien) or reaffirm the debt (sign a reaffirmation agreement and continue to make car payment
for a release by the creditor of their lien) or reaffirm the debt (sign a
reaffirmation agreement and continue to make car payments).
Reaffirm your car debt If you have an auto loan
for which you are still making payments on, be sure that you sign a
reaffirmation agreement with the auto lender.
Once the
reaffirmation agreement is signed, you are back on the hook
for the loan.
You, therefore, have waived your legal rights
for bankruptcy protection by signing off on a
reaffirmation agreement.
Reaffirmation agreements do not improve your credit score, are usually always made in favor of the creditors, are not required by law, do not guarantee you will pay
for the loan, and the debts covered by them can not be discharged in bankruptcy.
All
reaffirmation agreements must be signed by a bankruptcy court representative to be legal and binding if a debtor has filed
for bankruptcy.
Reaffirmation agreements are not required in bankruptcy and are totally voluntary, and there may be certain circumstances when they make sense, such as in the case of a borrower who has inadvertently received federal Title IV loan funds in excess of an annual or aggregate loan limit and wishes to regain eligibility
for additional Title IV aid.