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Thank you Roberto77 - We all thank you for pointing this out !!
BANKRUPTCY RULES AND REGS IN THE FANNIE MAE HAMP GUIDELINES
https://www.efanniemae.com/sf/guides/ssg/annltrs/pdf/2009/0905.pdf
Fannie Mae HAMP pdf - - On page # 3 & on page # 18 of the APRIL 21 , 2009 Announcement 09-05R revised 0n May 15 - 09
It states on page 3 page the facts about chapter 7 Bankruptcy. As any person who is currently involved in Bankruptcy chapter 7 and how the servicer can still provide HAMP Modification service to you -
I assume the servicer can also provide other forms of Restructuring and possibly you can support your legal rights under HAMP, or rather support your
Ethical Rights, for the servicer to allow you to receive the same terms, which are in the HAMP guidelines.. BUT ONLY IF YOU ASK AND MAKE SURE THOSE SAME BANKRUPTCY TERMS ARE IN YOUR
NON HAMP RESTRUCTURING / OR INNER OFFICE MODIFICATION, WHICH IS NOT TRULY THE HAMP PROGRAM...
Point in fact - Do not reafirm the loan - If you do not have to do so...
One possible problem is that they may not report your future good payment history to the Credit Score people, since you have not reafirmed the loan. But once the dust settles and your new loan is safe and secure. Ask them to start reporting your good credit history to the credit score people, so that your FICO score can start to rise. This make take one simple phone call or may take several months of pushing in all manners ?
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Ok now back to the basic BK thing...
From what B of A has stated to me - During the BK / Before you receive the actual finalized discharge from the court... All the servicer usually requires is a letter from your BK attorney that it is OK to speak with you and proceed with any paperwork regarding a loan modification for you...
Point is -- Just because you are actively involved in BK does NOT mean the servicer should ignore you and in fact, they should still provide you with any and all modification services during you active bankruptcy..
I assume it is the same with NACA or other HUD approved home saving go between / middle man modification companies...
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Now onto page 18 of the Fannie Mae PDF file
On page 18 it states you are NOT REQUIRED to "Reaffirm: the loan debt, if the debt has already been discharged in your Chapter 7 bankruptcy
These 2 fact are very important to maintaing your leagl rights under the law with HAMP rules and regulations, which the servicers are duty bound and legally bound to follow and fulfill !
HOWEVER - If you do not have a HAMP loan on the table, it is then up to you and the servicer to work out the deatils... But I would simply ask them to follow the SAME GUIDELINES and RULES in the HAMP rules, when it comes to the chapter 7 Bankruptcy thing on page 3 & 18.
Thank you again Roberto77 for showing me the PDF below !
https://www.efanniemae.com/sf/guides/ssg/annltrs/pdf/2009/0905.pdf
Respectfully,
Thanks2u