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Ford Motor Credit - Reaffirmation of Co-Signed Loan
Listmates,
I know that if we do not reaffirm with Ford Motor Credit Company (FMCC), they will repo the car even when the client is current on the payments. However, I have never dealt with this fact pattern and am unclear on how to proceed.
My client is in a Chapter 7 filed in the Riverside Division (Judge Saltzman). The 341 was a few days ago. Her car is not financed by FMCC. However, she apparently co-signed for her son's Ford through FMCC. Cooksey et al sends me a reaffirmation agreement in just my client's name. The son is making the payments, but this was not included in the Schedules (nor was the loan which I didn't know about and did not show up on the credit report). There is already a negative number on I-J, so it would appear that a presumption of hardship exists. Further, my client is on disability now. Do I simply let the numbers speak for themselves, have my client sign the reaffirmation but I refuse to sign the certification and send it back to the creditor to be filed or rejected? What are the options and the repercussions?
The client definitely does not want the car taken back.
Thanks in advance for any advice.
Christopher Heritage
Heritage Legal, PC
Central & Southern Districts of California
chris@heritagelegal.com
760-325-2020, ext. 14
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