Monday, May 11, 2009

Modification Monkey Wrench

I have been noticing verbiage on mortgage statements as they come across my desk stating that if you have filed bankruptcy and did not reaffirm your mortgage loan you will not qualify for a loan modification. The reasoning... Most bankruptcy petitioners only agreed to keep their mortgage loan current and retain the collateral, in this case the home. If a lender were to modify the original loan agreement it could put them in a sticky legal situation. Entering into a new, even modified contract is not permitted on any discharged debt and any attempt to collect on a discharged debt carries a hefty penalty. Don't know if you reaffirmed? Call your attorney.