How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Roger Your Own Question
Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31658
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
6704987
Type Your Real Estate Law Question Here...
Roger is online now
A new question is answered every 9 seconds

I filed pro se, and reaffirmed a lease house. Now the

Customer Question

I filed pro se for bankruptcy, and reaffirmed a lease for my house. Now the management company seems to be watching for me to make a mistake and then threatening to evict and sue me. (two letters so far and the agent does not take my phone calls) Please let me knowThe bankruptcy has not been discharged but will be in a week. I know the court will not consider real estate leases. My question is whether I can rescind the reaffirmation by notifying the real estate management company in writing quickly.
Please let me know.
Thank you,
Joyce Saye
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Yes, reaffirmation agreements can be rescinded any time before the Court issues the discharge, or within 60 days after the agreement is filed with the Court, whichever is the later. Thus, you need to try and get this done BEFORE the discharge occurs.

Expert:  Roger replied 1 year ago.

There is no motion for relief from the order necessary. Instead, all you'd need to do is file a Rescission of the Reaffirmation Agreement, file it with the court and send a notice to the creditor. Here's a link to a simple form: http://www.wikildb.com/wiki/Forms/BankruptcyReaffirmationRescission

Related Real Estate Law Questions