Some banks are refusing to enter into post-discharge mortgage modification agreements when debtors have not reaffirmed the debt in bankruptcy. In In re Conner, No. 09-42532 (Bankr. S.D. Ga. Oct. 25, 2013), the debtor moved to reopen his chapter 7 bankruptcy in order to reaffirm his mortgage and clear the way to enter into a mortgage modification agreement with Wells Fargo. Read More
Tag Archive: mortgage modification
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Bankruptcy Cannot Be Reopened to Permit Reaffirmation Agreement
Posted by NCBRC - January 2nd, 2014
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Acceleration Clause Clears Way for Modification
Posted by NCBRC - April 22nd, 2013
A bankruptcy court in Maryland found that an acceleration clause in a deed of trust making the remaining debt immediately due, triggered the modification clause of section 1322(c)(2). Fed’l Nat’l Mtg. Ass’n v. Griffin (In re Griffin), No. 12-19863 (March 18, 2013). Read More
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