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Reaffirmation request by secured lender before reporting on-time...
In my experience, Ocwen is just being difficult. There are plenty of other companies that will do the refinance for them.
Christie Cronenweth
Law Offices of Christie Cronenweth
25202 Crenshaw Blvd., Suite 207
Torrance, CA 90505
310-257-4995 ph
310-257-4996 fx
cronenwethlaw@yahoo.com
www.cronenwethlaw.com
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The Law Offices of Christie Cronenweth is a debt relief agency engaged in the practice of aiding people to file for bankruptcy under the Bankruptcy Code.
> On Jun 20, 2017, at 6:03 PM, jesseelaw@aol.com [cdcbaa] wrote:
>
> There is no personal liability as the debt was discharged. In rem the lien remains and is enforceable. In that regard Ocwen is correct. There was a prior thread on this topic a few years ago. You might want to research it on the yahoo listserve.
>
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868 (805) 497-5864 (Facsimile)
>
> In a message dated 6/20/2017 5:57:40 P.M. Pacific Daylight Time, cdcbaa@yahoogroups.com writes:
>
>
> I reopened a BK to get 3 liens avoided and succeeded. BK reclosed. My client then tried to get a refi and was told that he needed to reaffirm his secured Ocwen loan BEFORE Ocwen would report Client's on-time payments over the last 3 years. I did some research, spoke to theOcwen "senior bankruptcy specialist", and then wrote to the specialist with the below info; the only response was "The loan was not reaffirmed." I was directed to a bankruptcy supervisor and I plan to explain the situation again -- but I don't want my client to pay to reopen his BK just to find out that the Court wouldn't approve a reaffirmation of an already secured lien. It seems that this policy is contrary to the law and the Fair Credit Reporting Act. Has anyone had success speaking to Ocwen about this? Any advice? Am I missing something?
>
>
>
> Here is what I found in my research:
>
> Although my Client is willing to execute a reaffirmation agreement, the Bankruptcy Courts advise that there is no need for one based on the following:
>
> (1) In Re Roderick, a 2010 California case, states that a fundamental bankruptcy doctrine is that ". . . liens that attached to property before bankruptcy remain attached to the property after bankruptcy unless they are specifically avoided during the bankruptcy case.ement between a creditor and debtor, "the consideration for which, in whole or in part, is based on a debt that is dischargeable" in a case under 11 U.S.C. 524(c)(1). In my client's case, no motion to avoid was brought by any party, so the lien remains intact despite Ocwens claim that it was discharged.
> (2) In Re Conner, a Georgia case from 2013, states, Reaffirmation agreements are unenforceable unless the "agreement was made before the granting of the discharge . . . ." 11 U.S.C. 524(c)(1) . . . .king a reaffirmation agreement is past, and the Court lacks jurisdiction to approve a reaffirmation agreement made later." The Conner case also quotes In re Stewart, an Ohio 2006 case, "ecause reaffirmation agreements are not favored, strict compliance with 524(c) is mandated."
>
>
> Laura Young
> 17061 Newland St.
> Huntington Beach CA 92647
> 714-594-3869
>
>
>
310-257-4995 ph 310-257-4996 fx cronenwethlaw@yahoo.com
The post was migrated from Yahoo.
There is no personal liability as the debt was discharged. In rem the
lien remains and is enforceable. In that regard Ocwen is correct. There was
a prior thread on this topic a few years ago. You might want to researchit on the yahoo listserve.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 6/20/2017 5:57:40 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
I reopened a BK to get 3 liens avoided and succeeded. BK reclosed. My
client then tried to get a refi and was told that he needed to reaffirm hissecured Ocwen loan BEFORE Ocwen would report Client's on-time payments overthe last 3 years. I did some research, spoke to theOcwen "senior bankruptcy
specialist", and then wrote to the specialist with the below info; the only
response was "The loan was not reaffirmed." I was directed to a bankruptcysupervisor and I plan to explain the situation again -- but I don't want my
client to pay to reopen his BK just to find out that the Court wouldn't
approve a reaffirmation of an already secured lien. It seems that this policy
is contrary to the law and the Fair Credit Reporting Act. Has anyone had
success speaking to Ocwen about this? Any advice? Am I missing something?
Here is what I found in my research:
Although my Client is willing to execute a reaffirmation agreement, the
Bankruptcy Courts advise that there is no need for one based on the
following:
(1) In Re Roderick, a 2010 California case, states that a fundamental
bankruptcy doctrine is that ". . . liens that attached to property before
bankruptcy remain attached to the property after bankruptcy unless they are
specifically avoided during the bankruptcy case. Roderick goes on to say,
debtor,
"the consideration for which, in whole or in part, is based on a debt thatis dischargeable" in a case under 11 U.S.C. 524(c)(1). In my client's
case, no motion to avoid was brought by any party, so the lien remains intact
despite Ocwens claim that it was discharged.
(2) In Re Conner, a Georgia case from 2013, states, Reaffirmation
agreements are unenforceable unless the "agreement was made before the
granting of the discharge . . . ." 11 U.S.C. 524(c)(1) . . . .the discharge is entered, the deadline for making a reaffirmation agreement
is past, and the Court lacks jurisdiction to approve a reaffirmation
agreement made later." The Conner case also quotes In re Stewart, an Ohio 2006
case, "ecause reaffirmation agreements are not favored, strict
compliance with 524(c) is mandated."
Laura Young
17061 Newland St.
Huntington Beach CA 92647
714-594-3869
There is no personal liability as the debt was discharged. In
rem the lien remains and is enforceable. In that regard Ocwen is
correct. There was a prior thread on this topic a few years ago. You
might want to research it on the yahoo listserve.
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)
In a message dated 6/20/2017 5:57:40 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
I reopened a BK to get 3 liens avoided and succeeded. BK reclosed. My client then tried to get a refi and was told that he needed to reaffirm his
secured Ocwen loan BEFORE Ocwen would report Client's on-time payments over
the last 3 years. I did some research, spoke to theOcwen "senior
bankruptcy specialist", and then wrote to the specialist with the
below info; the only response was "The loan was not reaffirmed." I
was directed to a bankruptcy supervisor and I plan to explain the
situation again -- but I don't want my client to pay to reopen his BK
just to find out that the Court wouldn't approve a reaffirmation of an already
secured lien. It seems that this policy is contrary to the law and the Fair
Credit Reporting Act. Has anyone had success speaking to Ocwen about
this? Any advice? Am I missing something?
Here is what I found in my research:
Although my Client is willing to execute a reaffirmation agreement, the Bankruptcy Courts advise
that there is no need for one based on the following:
The post was migrated from Yahoo.