by osbourne » Sun Apr 03, 2011 12:46 pm
me and my husband just completed a chapter 13 in august 2008. our lender CITIMORTGAGE.reviewed our bankruptcy court docket and has confirmed that a reafirmation agreement was not executed before the bankruptcy discharge was entered on or before we filed. CITIMORTGAGE said under the bankruptcy code, a reaffirmation of debt is not valid unless all of the requirements under bankruptcy law are followed. among other things, this included of filing a fully executed reaffirmation agreement (signed by all parties) with the court before discharge. so CITIMORTGAGE lien remains on our home..i call my lawyer and ask him about the reaffirmation agreement and he told me that reaffirmation agreement in the state of tennessee is only required in a chapter 7 and i and my husband filed a chapter 13...when i tried to talk to CITIMORTGAGE about this they said i am required...i dont know exactly were to go from here...my lawyer says no and citimortgage says yes....is there anyone out there that can explain to me about a reaffirmation? and who is telling the truth and what should i do because i dont know where to start to get this lein off my home and how to go about aquiring the reaffirmation agreement if im actually required.