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landatownsend · Joined: 08 Jan 2009 Posts: 1 1.90 Dollars($)

If you reopen a discharged bankruptcy case to reaffirm a mortgage does the discharge date change?...We were discharged from a bankruptcy in 3/06 and the bank that carries our mortgage said that we never reaffirmed our mortgage. We had a delinquent account but we paid it off and then the case discharged. I was under the assumption that we had reaffirmed since we were still receiving statements and still paying on the mortgage. We never stopped paying on the mortgage. Now we want to get a home equity loan and the lender is asking for a reaffimation of the mortgage. What to do? Also, if the bankruptcy case is reopened does the discharge date then change to now? The lender will not loan us money unless the discharge is more than a year old.

jerry · Posted: Fri Jan 09, 2009 3:26 am Post subject:

Hi landatownsend,

If you have paid for the deficient amount and have been receiving the statements, I think, you should inform the lender about this and tell him that you have actually paid off the debts. I don't think it will be a good option re-opening the bankruptcy. I would rather suggest you to consult your attorney in this regard.

Thanks,

Jerry

Guest

i REPRESENTED MYSELF IN FILING MY BANKRUPTCY. i LISTED ALL DEBTS TO BE REAFFIRMED. THIS INCLUDED MY HOME AND TWO CARS. THE CARS WAS DONE BUT THE MORTGAGE DID NOT GET INCLUDED. AFTER CALLING TO FIND OUT WHY I DID NOT RECEIVE PAPERWORK FOR THE MORTGAGE, I WAS TOLD IT WOULD BE DONE AND I WOULD RECEIVE THE PAPERWORK THE LAST WEEK IN JUNE. I DISCHARGED JULY 1. I'VE CONTINUED PAYING THE MORTGAGE BUT WAS TOLD BY THE MORTGAGE COMPANY TO REOPEN AND REAFFIRM.

WHAT STEPS SHOULD I TAKE ATTHIS TIME.

smithfamily4 · Joined: 07 Nov 2009 Posts: 5 3.30 Dollars($)

We too filed Chapter 7 in July 2005. We carefully followed all of our attorney's instructions and signed every thing we were told to sign. We were discharged approx. 2 months later. In our bankruptcy we signed an statement of intent to reaffirm our mortgage. We continued making our monthly mortgage bill but did fall behind 1 month for a long period of time. We recently brought the mortgage current and we are told that the mortgage company has no intention of taking our home as long as we continue to make our monthly mortgage. We are going to start making a small extra amount toward paying off the late fees which they tell us just get added to the end of the loan.
Now we have a water damage claim and the insurance check is made payable to us and our mortgage company which is now refusing to endorse it because they say they did not get a reaffirmation agreement back in 2005. They also admitted that they failed to send the reaffirmation until 2 months after the discharge. To who they sent it I do not know because my attorney has no record of it even being sent to him. And he says they were notified in July so waiting 4 months to send it was failure on the part of the mortgage company to act in a timely manner which is required and a reaffirmation is not required as long as I am voluntarily continuing to pay the debt. We intend on staying in our house for the life of the mortgage so what do we do now? The mortgage company is sending us a reaffirmation now but do I really have to reopen the bankruptcy to get this straightened out and get my contractor paid?

Guest

I want to know if I will get my taxes since I filed. My attorney says they may have to re-open the case...i hear that is bad...just how bad and what happens and what does that mean?

riseabove · Joined: 09 Nov 2009 Posts: 277 11.01 Dollars($)

flipflop, are you due a tax rebate of some sort? from how long ago?

Guest

While going thru my bky last year i sent 4 letters and made numerous telephon calls and asked my lender to send reaffirmation agreement, but i did get a "modification" of sorts shortly after my discharge was entered. I was told at the time that since i modified and re obligated myself to the loan that it would be reported to the credit bureaus; however, after calling the mortgage company i recently found out that it is not being reported and they said the only way is for me to reopen my bky; If i resigned docs, aren't they obligated to report my good on time payments to the credit bureau? or if i refinance with another company with it then be reported to the credit bureaus?

jameshogg · Posted: Sat Nov 20, 2010 12:08 am Post subject:

Hi Dawn,

Unless you reaffirm the debt, the lender is not liable to report your payments to the credit bureau. Loan modification does not mean reaffirmation of debt. If you want to reaffirm your mortgage now, you will have to reopen your bankruptcy filing.

Thanks

Guest

I find this all crazy. I am in the same boat and feel taken advantage of. I and my attorney requested reaffirmation papers numerous times and have the dates and times of these calls but the papers never got sent. When I got discharged a yr ago, I was informed by both my attorney and my lender that it was not a big deal and to keep making my payments. Well my payments of course are not being reported and no one can answer me the questions of if I pay my house of will I get the deed and if I choose to sell it can I. Also I find it unfair that I should have to pay fees to reopen my case when I followed my lender and my attorney's advise.

adonis · Posted: Fri Jan 21, 2011 12:37 am Post subject:

Welcome Destiny,

Unless you reaffirm the mortgage, your mortgage payments will not be reported to the credit bureaus by the lender. Also, you won't be personally liable for paying off the mortgage dues. In such a situation, if you want to get rid of the property, you can surrender it to your lender who will foreclose it in order to recover his dues.

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