Contact Information

Karina Pia Lucid, Esq.

3640 Valley Road, Suite 2A

PO Box 230

Liberty Corner, New Jersey 07938-0230

Tel: (908) 350-7505 

Fax: (908) 350-4505

klucid@karinalucidlaw.com

Loading..
Save & Close

Avvo - Rate your Lawyer. Get Free Legal Advice.

 

Directions
« Bankruptcy Timeline - in a Nutshell | Main | Beware of Mortgage Scammers! »
Sunday
Jul152012

A note about - Reaffirmation Agreements

I recently had a friend send me an email sharing her post-chapter 7 frustration with her mortgage company. The mortgage lender ("Lender") sent her a "reaffirmation agreement" during her bankruptcy case. Just fyi, this is fine; they are not violating the automatic stay by sending such a request. Her attorney did not explain the reaffirmation request to her and months after her discharge she found herself still unable to use the Lender's online/automatic bill payment program. When she inquired why she was still blocked, even though her bankruptcy case had been closed for months, the Lender's representative told her it was because her attorney had not filed the reaffirmation agreement. … The Lender was totally misleading her! The fact is 95% of bankruptcy judges, at least in New Jersey, will not enter or approve reaffirmation agreements anymore - at all - because they believe they are wholly contrary to the purpose of a bankruptcy filing and the relief granted thereby. The Lender can refuse to give you the accommodation of online/automated payments, but that is just them making your life uncomfortable. There are ways around that anyway; like setting up automatic bill pay directly through your checking account, for example, rather than through the Lender's system. If the Lender crosses the line and stops accepting payments in other methods– – then you have the right to sue them for violating the bankruptcy order for relief. Your counsel fees will be paid by the Lender if you prevail. I have to say, the one huge, glaring mistake my friend's attorney made (and it's an unfortunately very common mistake) was failing to explain this to his client during the bankruptcy case. So, I thought I would post this story in the hopes that it may help someone else as well. My goal is to help everyone I meet - make it a great day! Cheers!

PrintView Printer Friendly Version

EmailEmail Article to Friend

References (4)

References allow you to track sources for this article, as well as articles that were written in response to this article.
  • Response
    New Jersey Debt Lawyer: Attorney Karina Lucid - Legal Blog: Attorney Karina Lucid - A note about - Reaffirmation Agreements
  • Response
    Response: savevid
    New Jersey Debt Lawyer: Attorney Karina Lucid - Legal Blog: Attorney Karina Lucid - A note about - Reaffirmation Agreements
  • Response
    New Jersey Debt Lawyer: Attorney Karina Lucid - Legal Blog: Attorney Karina Lucid - A note about - Reaffirmation Agreements
  • Response
    Response: laser removal
    New Jersey Debt Lawyer: Attorney Karina Lucid - Legal Blog: Attorney Karina Lucid - A note about - Reaffirmation Agreements

Reader Comments

There are no comments for this journal entry. To create a new comment, use the form below.

PostPost a New Comment

Enter your information below to add a new comment.

My response is on my own website »
Author Email (optional):
Author URL (optional):
Post:
 
Some HTML allowed: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <code> <em> <i> <strike> <strong>