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Home loan modification, and signing a subordinate note.
Anonymous10 views2 answers
I live in Colorado and have filed bankruptcy and the bankruptcy has been discharged. I did a loan modification with my bank and now they want me to sign a subordinate note. I need to know if this will reaffirm the loan? I don't want to reaffirm. The relationship with my lawyer has deteriorated to the point that there is no communication. It was a chapter 7 bankruptcy. Please help
Without seeing the modification agreement and the "subordinate note" I can't say if the new note reaffirms. If it reaffirms your modification agreement and that agreement is advantageous to you, it might not be a bad thing; then again, it might be ill advised. I think you really have to pay another attorney an hour's time to have him/her review all your documents. If you plan to stay in the house it will be worth it.
cott Russell NeedlemanBankruptcy AttorneyColumbus, OH ·
A reaffirmation agreement is a technical document that is signed by the debtor to be bound again to that debt. It is a formal pleading that must be signed by the debtor's counsel that the reaffirmation of the debt will not cause undue hardship, and ultimately signed by the bankruptcy Judge. It is apparent that you are in uncharted water regarding your mortgage and how it is or was handled in your bankruptcy. If it is your intention to walk away, absent a reaffirmation agreement signed by a Judge, the debt should be discharged unless after your discharge you entered in to a new mortgage.