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Can I reaffirm on my house after a bankruptcy discharge?

Posted on: 08th Sep, 2008 03:51 pm
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!
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.

Posted on: 08th Sep, 2008 09:55 pm
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?
Posted on: 09th Sep, 2008 07:47 am
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.


Posted on: 10th Sep, 2008 04:48 am
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?
Posted on: 03rd Nov, 2008 02:48 pm
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.

Posted on: 03rd Nov, 2008 11:25 pm
I am in foreclosure and when i called my mortgage company to discuss repayment they said the forclosure was on hold. i had a scheduled sheriffs sale about 1 week after i talked to my bank. after the date of the sale i received no notice about what happened at the sale. 3 weeks have gone by and just today i received a notice stating that there is a motion of discharge of mortgage. what does this mean?
Posted on: 23rd Dec, 2008 09:37 am
Hi ninja,

Discharge of mortgage means that the mortgage is removed from the property. I guess, the lender has recovered his debts by selling off the property. Now you will be receiving a mortgage release certificate. It will be better if you can contact the lender in this regard.
Posted on: 24th Dec, 2008 12:02 am
thanks adonis, i appreciate it. maybe you can help with this, the motion to discharge the mortgage is scheduled for jan 7 at 2pm. today i just received a notice of sheriffs sale for the same date at 12pm. i am really confused here, can you help?
Posted on: 24th Dec, 2008 07:59 am
Hi ninja,

In your earlier post, you have stated that:
"i had a scheduled sheriffs sale about 1 week after i talked to my bank. after the date of the sale i received no notice about what happened at the sale. "
But now you have said that the sale is scheduled on January 7. Was the earlier sale of the property called off for some reason?

As far as the motion to discharge the mortgage is concerned, I think the lender will sell off the property that day and will file a mortgage release certificate on the very day at the county recorder's office. Within a few days you will get a mortgage release certificate.

Wish you a Merry Christmas.

Posted on: 24th Dec, 2008 10:20 pm
We filed chapter 7: 3/2008 and was closed on 6/08. I did the bankruptcy myself without an attorney. Called my lender the other day to see why I have not been getting statements and was told I did not reaffirm my mortgage and will no longer receive statement. Was not aware we had to reaffirm. Also our payment will not be reported to the 3 credit agency. We will be in our home 3 years this coming June and want to refinance and get a lower percentage rate. We have probably been late about 8 times with our payment but current now. Will I be able to refinance and do I need to reaffirm? Thank you~
Posted on: 21st Mar, 2009 08:06 am
i did not reaffirm my home equity loan before my bankruptcy. it was included in the bankruptcy and approved. the secured portion is $72,000 and the unsecured is higher than when this was granted. if i sell my home to relocate to a have to pay 100,000 or just the secured portion. i have been making regular payments for four years & never late. they tried to foreclose because a was a little late with real estate payments but hemp helped & said to contact the department of banking. i want out but a need to purchase another home. my credit is greatly improved. i filed bankruptcy because my husband lost his job after 37 years.
Posted on: 21st Mar, 2009 08:27 am

To bubbleupme,

As you did not reaffirm, you would not be personally responsible for the mortgage payments anymore. I don't think in order to refinance the mortgage, you would have to reaffirm. You can contact your lender and check out the type of rates you can get while you refinance.

To Linda,

When was your bankruptcy discharged? Getting a new mortgage loan will depend upon your filing and discharge date of bankruptcy, your present credit score, your financial situation and whether you have any kind of collections or late payments. You have said that you were never late on payments and at the same time you have mentioned that you were little late on your real estate payments. It would be better if you could give further details regarding your situation. Unless you default your mortgage payments, the lender cannot foreclose the property.

Posted on: 23rd Mar, 2009 03:04 am
My home was included in the bankruptcy and therefore not reporting to any credit agency. Can I walk away without a foreclosure on my credit report at this point? I am not living in the home anymore and cannot make the payments.
Posted on: 23rd Mar, 2009 01:39 pm
As you haven't reaffirmed the mortgage, you are not personally responsible to pay it off. You can definitely walkaway from the property but I think when the lender forecloses the property, your credit will be affected. It would be better if you could consult your bankruptcy attorney.
Posted on: 23rd Mar, 2009 11:55 pm
No they cannot report your foreclosure if you did not reaffirm!! That MUST be listed on your credit report as part of the bankruptcy by law. If they add anything to your credit report about foreclosure after your discharge debt, contact the credit bureau demanding removal. I would get a lawyer to get compensation for the damage they did to your credit.
Posted on: 11th Jun, 2009 06:49 am
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