Legal Question in Bankruptcy in New York

I filed chapter 7 bankruptcy in NY in 2007. With regard to my home I signed a statement of intention to reaffirm my debt on both 1st & 2nd mortgages. Is the statement of intention the actual reaffirmation?

Since then I have been receiving notice from my 1st mortgage holder that their records indicate that I received a discharge of the debt. No such notice from the 2nd mortgage holder.

I am contemplating walking away from my home and hope that the statement of intention is not actually a reaffirmation of the debt, and both the 1st and 2nd mortgage holders cannot collect.

Please advise.


Asked on 5/14/10, 5:56 am

2 Answer from Attorneys
Carol Brent Brent Law Firm, PC

The Statement of Intention is not the actual reaffirmation agreement. The reaffirmation agreement is a separate document that you sign when you are ready to actually reaffirm the debt.

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Answered on 5/19/10, 6:58 am


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