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

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 ??

Niceville, FL -

Attorney Answers (2)

Answered

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.

Robert Parkinson Taylor

Robert Parkinson Taylor

Chapter 7 Bankruptcy Attorney - Huntington Beach, CA
Answered

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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