reaffirmation of a mortgage

[font=Arial:af3e9eaea4][/font:af3e9eaea4][size=12:af3e9eaea4][/size:af3e9eaea4]Saxon Mortgage Company was made aware of our intent to reaffirm our Mortgage Loan with them on the same Day which we filed for Bankrutpcy Protection. I personally called them and told them so. I did this out of my responsibility as a debtor. Our mortgage payments were not, and nor are they now, Past Due. We explained that our Bankrutpcy was ONLY filed due to excessive medical debts ($289,000), but that we were keeping all other debt.
Our Mortgage was sold to Saxon Mortgage Company in June 2007, we have been in our home since 2004. Saxon Mortgage company has made multiple costly error after costly error on our Mortgage Loan. They have paid the WRONG homeowners insurance company a sum much greater than our actual premium is. I did get the money returned to our mortgage account with Saxon and also got the correct INS.Co and amount paid, but it took over 6 months and many phone calls and letters to Saxon in order to get Saxon to post everything properly. Saxon has underpaid our property taxes, and we only became aware of this after receiving a past due notice from our County Treasurer's Office;and which now included LATE Fees and an Interest Penalty. Please let me clarify that we do indeed pay these amounts to Saxon who is to keep these funds in our Escrow account and pay these billls when they become due and payable. The funds have always been there. There are many, many more errors which have been made by Saxon but I will address reaffirmation. I would really like to be able to sue SAXON Mortgage and feel as though we have many confirmable and Legally legitimate reasons to do so. Now to the reaffirmation question...
Saxon FINALLY sent the reaffirmation agreement to our Attorney on the 23 day of December, even though they had lied to me several times about having sent it out in Ocotber, then November and so on. Why they waited this long to get the reaffirmation documents to us I do not know. I had called Saxon Many, Many times requesting the reaffirmation documents beginning with the day we filed on October 07, 2009. I reviewed the document that they did send, prior to signing it, and noticed it contained mulitple errors, including the wrong principle balance, the wrong APR and it also stated that our mortgage was an ARM. IT is not now, nor has it ever been an ARM,our loan is a fixed rate mortgage loan; so We did NOT sign that particular agreement document. I contacted Saxon and made them aware that their reaf document was all wrong, and I requested a NEW reffirmation agreement be sent right away. I also sent my DEMAND, at this point, in writing as well as making the telephone calls. We had already had our 341 meeting by this time; on November 12, 2009, and our Bankruptcy was scheduled on the docket to be discharged on January 17, 2010. Finally, and after my making 6 more follow-up phone calls to Saxon, Saxon referred me to the company that prepares their documents.. The woman at the, I am assuming, Law Firm,and with whom I spoke said she could NOT send me corrected Documents UNTIL Saxon made a correction to their on-line mortgage records showing that our Mortgage was NOT an ARM. I followed this closely, speaking with Saxon and CAROLYN at the Law Firm, and FINALLY on the 28th of December 2009 and because I was on the telephone demanding same, the corrected Reaffirmation Documents were faxed to me to my home. I immediately signed them and took them to my attorney for his signature and for him to return them to SAXON. He told me he had to take the responsibility of returning them to SAXON. Per my Attorney, the Reaffirmation documents were FAXED to SAXON as well as having been MAILED to SAXON on that same day. We have been operating under the impression that our Mortgage had been reaffirmed and we have been making our payments. We have not been receiving statements and we can no longer access our account on-line ,because ,as I was told by Saxon, our loan was in Bankruptcy and we would not be able to have on-line access or receive statements until our Bankruptcy was discharged. Our Bankruptcy was officially discharged and dated as such on the 19th Day of January, 2010. Today is February the 26th, 2010 and I have gone on-line fully expecting to have access to our account information, but it was still not allowed. ONLY TODAY when I called Saxon did they have the audacity to inform me that they did not get the reafirrmation agreement filed with the courts prior to discharge, therefore our Mortgage is NOT reaffirmed !! I have had at least five indepth telephone conversations with Saxon before today; and having discussed my insecurity at not being able to track Saxon's postings and other transactions; due to their history of making consistent and costly errors. In my conversations the fact that we had reaffirmed our Mortgage Loan with Saxon was always addresssed. I called our Attorney in order to verify that what Saxon was saying about our mortgage Loan NOT having been reaffirmed was correct. He did verify that YES,Saxon was correct in their statement that our Mortgage has not been reafirrmed. I am angry.. Not just angry. Angry, confused and feel trapped. We did everything we were to have done in order to follow the letter of the law. We have continued to make our Mortgage payments. How can a Mortgage Company do this legally and get away with it?
My health has continuted to deteriorate. I have very serious osteoporosis and so my husband and I had discussed selling our home and relocating back to MY home State of Louisiana so that I can get out of the icy, cold and dark weather conditions in Indiana; where I am not getting enough sunshine to have enough vitamin D in my body to help my bones grow stronger even though Iam taking medication that is supposed to help. I cannot go outside at all during the winter months when snow and icy conditions are present for fear of falling and breaking more bones. I am only 56 years of age and want to be able to improve my health and live to a happy old age, without being crippled The doctor told me that until I can get Vitamin D in good quantity, my bones will never heal and they will continue to break. I am sitting here with a cast on my left leg and ankle as we speak.

Because of continued medical debt, we have not been able to save a sufficient amount of money in order to afford a move. The ONLY way we would have enough money within the next three months to make our move is if we do NOT continue to pay SAXON the $1000.00 per month Mortgage payment and then move. Since Saxon has NOT filed the Reaffirmation agreement and my attorney has now confirmed that they have indeed not filed the reaffirmation agreement, and our Loan with them has been discharged, IF we decide to walk away from here, how long can we stay, not paying monthly loan payments, before we must absolutely vacate the premises and without any legal repercussion or penalty? I am not a dead beat and I do ordinairily feel an obligation to my creditors to make payments, however Saxon has made many grave errors, which I have evidence of and has caused us much grief and high anxiety, not from anything we did incorrectly or wrong, but always becasue SAXON mortgage Services does not know or does not CARE how they hurt people in their course of doing business. I know I should feel guilty about wanting to remain in our home until we save enough money to move, but I feel as though Saxon owes us BIG TIME for all of the issues I have had to iron out for them and because they are an awful lying cheating business with no regard for the law themselves. We would have made the payments and we would have waited to sell this property, had the reaffirmation been filed by Saxon, but now knowing the reaff did not get filed and becasue the last time this home was on the market it took twos years to sell, and becasue my health is in such bad straits, We WANT and DESPERATELY NEED to get out of here but must have money in our pockets to do so. I am hoping that someone has an answer for this. I am also hoping that the answer is that Saxon must take the steps of legal foreclosure and that these steps will take 60-90 days before we would HAVWe to vacate the premises. We would not cause harm to the property; we have spent too much of our valuable resources time and energy to destropy anything plus it is not my character or my ambition to hurt Saxon in this way. I am just tired of being the victim. CAN anyone hlep me PLEASE? PS. I asked our Attorney if he would give me a letter stating that SAXON could not come after us for the balance of the mortgage and he said he would not do this becasue he does not know what legal ramifications Saxon has available to them. There is no way we will destroy anything here. In fact over the last few years we have invested over $65,000 in this property, putting in new windows, doors, insulation, new bathrooms, new Kitchen, New flooring, all new electric wiring and even new water and sewage draining pipes. I just need to get out of here for my health and I ned at least three months without making $1000 monthly mortgage payments in order to make this happen. PLEASE WE need good sound advise and we do not have money in our back pocket to pay an ATTORNEY, as much as we would like to find a really GOOD attorney as opposed to the one we hired and paid to handle our Bankruptcy. Also, if there is an attorney that would like ti help us sue Saxon, but do it with the understanding that their fees would have to come from a settlement from a law suit against Saxon, I would Love to hear from you.