Posted: Thu Jan 08, 2009 6:52 pm Post subject: If you reopen a discharged bankruptcy case to reaffirm a mor
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.
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
MARY Guest
Posted: Tue Aug 25, 2009 8:23 am Post subject: BANKRUPTCY DISCHARGE - MORTGAGE NOT REAFFIRMED
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.
Posted: Sat Nov 07, 2009 7:03 am Post subject: Bankruptcy Discharged-Mortgage not Reaffirmed
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?
flipflop Guest
Posted: Mon Nov 16, 2009 8:50 am Post subject: reopening a bankruptcy case
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?
landatownsend
