When you reaffirm a debt you essentially sign a new agreement that makes you personally liable on that loan again. This means that you are foregoing the benefit of your bankruptcy discharge on the reaffirmed debt. Reaffirming a debt should not taken lightly.

Can you cancel a reaffirmation agreement?

Yes. You can cancel (or “rescind”) your reaffirmation agreement, even if a judge has already approved it. NOTE: WE STRONGLY RECOMMEND THAT YOU SPEAK WITH AN ATTORNEY TO ADVISE YOU ABOUT THE CONSEQUENCES OF CANCELLING A REAFFIRMATION AGREEMENT IN YOUR CASE.

Why would a debtor choose to reaffirm a debt?

When a person files for bankruptcy, they do so in order to be relieved of a debt burden they cannot pay. By entering into a reaffirmation agreement, a borrower often maintains possession of an asset held as collateral such as a home or a car, as long as they can fully repay the debt owed on that particular loan.

Why would a debtor want to reaffirm a debt that would be discharged?

Advantages to Reaffirmation of Debt Reaffirming a debt allows you to keep the property securing the debt, which can be a real advantage in some cases. It also allows you to avoid having to come up with a lump-sum payment to keep the property.

Do you have to sign a reaffirmation agreement?

Reaffirmation agreements are strictly voluntary. A debtor is not required to reaffirm any of his or her debts. If a debtor signs a reaffirmation agreement, the debtor agrees to pay a debt that otherwise might be discharged in his or her bankruptcy case.

What is a mortgage reaffirmation agreement?

A reaffirmation agreement is a legally binding agreement between you and a secured creditor. In the case of a mortgage, the agreement is between you and the mortgage lender. The agreement states that you agree to pay a loan under the same terms and conditions of its original contract.

What are the legal requirements of a reaffirmation agreement?

As part of a reaffirmation agreement, the debtor must sign an affidavit that states: The debtor is choosing to reaffirm the debt; The debtor understands the legal ramifications of reaffirming the debt; and. The reaffirmation will not cause undue hardship to the debtor or any of his or her dependents.

Can you sell your house if you did not reaffirm?

Yes, you can sell the home. The effect of no reaffirmation is that you do not have a personal obligation to pay the mortgage. You still are the titled owner and the mortgage is still a lien on the property so it must be paid in order to sell the property.