How to stop foreclosure after Ch.7 discharge? PNC Mortgage signed a reaffirmation and now will not abide with it.

Asked over 2 years ago - Niceville, FL

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Ch.7 filed May 2010 - Reaffirmation with PNC Mortgage on home. PNC wrote a letter to the Trustee stating they would like to reaffirm my home loan. PNC then wrote the reaffirmation and included a repayment schedule of 300 payments at $531.78 per month fixed int.5%. I did not have an Attorney so the Judge had a reaffirmatiom hearing. He read it and approved it.I understood it. Ch.7 discharged in Sept.2010. Reaffirmation hearing 10/22/2010 !! Now PNC states I was behind 4 payments before the reaffirmation and they are foreclosing. Someone told me I could file a Motion For Violation of Creditor Misconduct, even after the Discharge?? PNC states the repayment schedule does not mean anything, that is just for the Judge to see how long the payments will be and the amount!! How do I stop PNC ??

Additional information

We were not behind and have the checks to prove it.
We are over 60 and both disabled with a fixed income from Soc. Sec. Disabilty. We can not afford an Attorney and Legal Aid said our Disabilty is too much to qualify for their help!!
I should have mentioned. This loan started as an FHA Loan through National City Mortgage - Then it went to PNC - Now PNC said they sold the it to an Investor. So, we don't know who has the actual ownership, but our payments go to PNC.
Also, thank you Ms.O'Malley, but we can not afford an Attorney and can not get one to help for free, so I have to do this alone. But, it was kind of you to respond and help.
Hopefully someone will know of this Misconduct Motion.

Attorney answers (2)

  1.

    Lawyer
    Contributor Level 10

    Answered January 15, 2011 12:26. See a lawyer immediately! The time for PNC to say you were late was when you signed. The repayment schedule should mean what it says and is not window dressing for a judge. You cannot do this alone, however.

  2. Huntington Beach Chapter 7 Bankruptcy Attorney
    Contributor Level 12

    Answered January 15, 2011 22:43. You cannot afford "not" to have an attorney, Maureen is right, you cannot do this alone. You're going to lose your house and end up owing a deficiency balance.

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