Submitted by Anonymous on Wed, 08/11/2010 - 16:01
Posted in
Hi
I obtained a Ch7 disacharge in MA filed alone without spouse. We own a home (not underwater) as TBE and it was exempted also by Homestead.
We have a mortgage with Wells Fargo and the note is the standard MA mortgage note that defines bankruptcy as a default more or less.
We are up to date. I did NOT reaffirm. I chose to pay and retain.
I have been told that MA law stops a lender from pursuing acceleration of the note or from changing the terms unless there is monetary default?
Is that true and if so where is the statute that determines it.
Thanks
Joe
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This seems like something you
This seems like something you should speak to your attorney about. It is very unlikely that if you remain current with your home that the bank would foreclose, however, your statements are not a correct statement of the law.
Good luck. Attorney Robert Kovacs