Rescission of Reaffirmation Agreement Two Years Post Discharge
Posted: Wed Mar 27, 2013 10:02 am
Per Rutter, a BK case out of Maryland (in re Mandrell) permitted rescission
after the 60 day limit based on mutual mistake. Rutter also suggests that
State courts have concurrent jurisdiction for such challenges, which I
interepret to mean that an action for rescission could be brought at the
State Court level even if the BK Court rules prohibit such a challenge at
the BK Court level.
Wouldn't the other alternative be to simply keep tendering the amount in
the reaff agreement and challenge any collection or foreclosure effort
based on the reaff agreement? That type of delay would however create
continued negative credit reporting by the mortgagee? Any other thoughts
out there??
John Boyko
LAW OFFICES OF JOHN M. BOYKO
3521 Lomita Blvd., Suite 100
Torrance, CA 90505
310-750-6789 (Office)
424-201-2611 (Fax)
"jboykolaw.com"
Per Rutter, a BK case out of Maryland (in re Mandrell) permitted rescission after the 60 day limit based on mutual mistake. Rutter also suggests that State courts have concurrent jurisdiction for such challenges, which I interepret to mean that an action for rescission could be brought at the State Court level even if the BK Court rules prohibit such a challenge at the BK Court level.
Wouldn't the other alternative be to simply keep tendering the amount in the reaff agreement and challenge any collection or foreclosure effort based on the reaff agreement? That type of delay would however create continued negative credit reporting by the mortgagee? Any other thoughts out there??
-- John BoykoLAW OFFICES OF JOHN M. BOYKO3521 Lomita Blvd., Suite 100Torrance, CA 90505310-750-6789 (Office)424-201-2611 (Fax)"jboykolaw.com"
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