Can I reaffirm on my house after a bankruptcy discharge?

rdugan · Joined: 08 Sep 2008 Posts: 1 1.37 Dollars($)

I live in NY. I had a chapter 7 bankruptcy. I have been paying and never late on my mortgage payments and want to reaffirm with them. I called chase (my mortgage lender) and they said I cannot reaffirm. I don't believe them. There has to be a way to do this. Also, the bankruptcy lawyer that i used before is not available anymore. Please help!

jameshogg · Posted: Mon Sep 08, 2008 9:55 pm Post subject:

Hi rdugan,

Welcome to forums.

As per the bankruptcy laws in NewYork, you have the right to reaffirm the mortgage after getting a discharge. But perhaps the court has reviewed your situation and they felt that it wasn't appropriate.

I think you need to contact your attorney soon and if he's not available, hire another attorney so that you get confirmed as to why you can't reaffirm. Maybe you'll have to appeal to the court for further review so that you can reaffirm. After all, it's good that you wish to pay the mortgage and hopefully it will boost up your credit score.

Thanks

Guest 0.10 Dollars($)

Thank you so much for your response jameshogg. Here's another question for you... I was also wondering if I would be able to refinance the house if I haven't reaffirmed on the mortgage?
Or, do I need to reaffirm before doing this?

Jessica · Posted: Wed Sep 10, 2008 4:48 am Post subject:

Well, as I've heard of, if you reaffirm, the debt is not discharged. But you can remain current on the loan as you start paying and keep on doing so. Reaffirmation does help protect your home from being taken away due to chapter 7 filing. And if you keep paying, your credit would improve and chances of the lender foreclosing would also be less. And after 2-3 years, you can refinance the mortgage into a new one with favorable terms and rates provided you make the payments consistently.

Let me now your thoughts on this.

Regards,

Jessica.

Guest 0.10 Dollars($)

I was wondering if i can put my house on my bankruptcy after i had reaffirmed it? It was a mistake and now my ex-wife is putting the house on her bankruptcy and i will be stuck with it. is there some way i can get it on my bankruptcy discharge?

jameshogg · Posted: Tue Nov 04, 2008 12:25 am Post subject:

Hi ronald barakat!

Is your name listed on the mortgage or on the deed? In case they are listed, then definitely you will have a say when she is filing bankruptcy. You can have a talk with the lender and see if you can negotiate with her so that she does not include the property in bankruptcy.

Thanks.

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