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Hear this out loud PauseAgreeing to repay the excess loan amount in ance with the terms of the promissory note is called ?reaffirmation.? You can reaffirm an excess loan amount by signing a reaffirmation agreement with your loan servicer.
Hear this out loud PauseReaffirmation is an agreement by a debtor, to a lender, to repay some or all of their debt. Debtors make reaffirmation agreements purely voluntarily. When a borrower reaffirms a debt, this is noted by credit reporting agencies, which then register that the person will make regular on-time payments.
Hear this out loud PauseAfter you have entered into a reaffirmation agreement and all parts of this form that require a signature have been signed, either you or the creditor should file it as soon as possible.
Hear this out loud PauseA reaffirmation agreement is where you agree to pay a debt even though you could have eliminated the debt in your bankruptcy case. When you reaffirm a debt, you continue to be legally responsible for paying it back. This gives the creditor some legal rights.
A reaffirmation agreement allows you to retain a specific asset (commonly a house or car) during bankruptcy in exchange for agreeing to pay the outstanding debt. If you would like to request a reaffirmation agreement, you must submit a Statement of Intent to the court and contact the lender to establish terms.
A reaffirmed debt remains your personal legal obligation to pay. Your reaffirmed debt is not discharged in your bankruptcy case. That means that if you default on your reaffirmed debt after your bankruptcy case is over, your creditor may be able to take your property or your wages.
Opting for a reaffirmation agreement can be helpful if you need to keep your home, car or some other asset. That's an especially salient point since bankruptcies stay on your credit report for up to 10 years. During that time, it'll be harder to apply for new credit, such as personal loans, mortgages or auto loans.
You will receive a hearing date to see a judge and explain why you want to reaffirm the debt. You must also explain how you can afford to make payments in the future. The judge will decide whether or not to approve your reaffirmation agreement.