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Agreeing 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.
Creditors holding a security interest that they want to protect post-bankruptcy will request that a Reaffirmation Agreement is signed. They will prepare it and provide it to your attorney's office for review.
You and the creditor must agree to any change in terms. Also, you or the lender must file the agreement in court as part of the bankruptcy case. The bankruptcy court must review the agreement in a reaffirmation hearing if an attorney does not represent you.
After 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.
In this article, you'll learn that lenders sometimes agree to new terms when completing a reaffirmation agreement, including lowering the amount owed, interest rate, or monthly payment. A local bankruptcy lawyer can help you with the negotiation process.
Making a reaffirmation agreement can be helpful if you want to stay in your home or you need to keep driving your car during a bankruptcy settlement. However, this type of agreement means you are still responsible for some sort of payment on the loan.
Reaffirmation 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.
Any agreement to reaffirm must be made before the discharge is entered. If you are in the process of reaffirming a debt and feel it will not be filed before the discharge deadline, notify the clerk's office in writing to delay entry of the discharge until the reaffirmation is filed.