upside_down Posted December 12, 2009 Report Share Posted December 12, 2009 Had the 341 meeting. It looks like the trustee does not plan on taking my tax refund.Just got reaffirmation agreement for my car in the mail. Mortgage holder has filed for relief from stay. Attorney says she is looking to find a reason to oppose/delay that.What can I expect for the immediate future? Link to comment Share on other sites More sharing options...
Methuss Posted December 12, 2009 Report Share Posted December 12, 2009 Have your attorney go over the reaffirmation agreement thoroughly to make sure the lender hasn't tacked on an extra payment or principal. Sometimes they try to squeak this one by. You are basically making a new agreement to pay, so just make sure it is accurate.As for the house, do a little homework on your mortgage and see if it was repackaged as a collateralized debt obligation and sold to a pool of investors. If that has happened you should have a means to delay the servicer. The company collecting your payments and trying to lift the stay may not actually be the owner of the Note...and may not be able to produce it. Under Florida Law, a servicer cannot foreclose without providing an actual copy of the Note and Mortgage with the complaint. If they don't own it, they must also provide some sort of documentation that the owner wants to foreclose. This could delay them for six months or more. Or if the Note is "lost or destroyed" then they cannot make a claim and you live in it payment free until they can produce it. If they never produce it, then tuff noogies for them... Link to comment Share on other sites More sharing options...
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