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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 19470
Experience:  B.A.; M.B.A.; J.D.
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Back in 2006 I got a Loan to put in new windows in my house.

Customer Question

Back in 2006 I got a Loan to put in new windows in my house.( 2 loans about $3500.00 each.) pay off amount today is alittle over $700.00 each. Filed bankruptcy on 02/24/09. Thier loan officer said if I don't reaffirm the loan they will send out a contractor to remove my windows. Can they really rip out my windows. I thought if they are installed they become part of the house and if they wanted to repose the windows they needed to show up to the meeting of creditors. Which they weren't there.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 8 years ago.
The loan officer is completely wrong. First and foremost, if the lender gets a contractor to come to your house and rip off the windows the lender has to pay for damaging your house and would be trespassing. Second, the lender will be in violation of automatic stay that froze all collection actions against you when you filed for bankruptcy protection.

The loan officer is either blowing smoke or totally crazy. If the lender wants its money it needs to get in line with your other creditors, it needs to file a proof of claim. The loan officer really needs to consult with the lender's bankruptcy department before he starts making illegal threats.

DONOT reaffirm the loan. There is really nothing that the lender can legitimately do to you as this time since the windows are now part of your house.
Phillips Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 8 years ago.
Thank you
Expert:  Phillips Esq. replied 8 years ago.
You are quite welcome.

Don't forget to leave me a feedback.

Customer: replied 8 years ago.
put you on our favorites list....
Expert:  Phillips Esq. replied 8 years ago.
Ok. Thanks again and have a good afternoon.