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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26390
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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My husband and I filed Ch. 7 in 2007 in St. Louis Missouri.

Customer Question

My husband and I filed Ch. 7 inXXXXX Louis Missouri. We signed a reaffirmation agreement on our home loan. Our mortgage company claims to have not received it and they are difficult to work with. They will not let us access our account online, make online payments, won't let us apply for a loan modification, etc. I can't find the copy of the reaffirmation agreement in my files. I have a letter that state to sign the reaffirmation agreement and send it back to the mortgage company. My husband and I are both sure we did reaffirm the loan. I contacted our attorney and they told me they do not have our file anymore and they can't help us. What can we do?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 4 years ago.

If you continued to make payments during and after the bankruptcy, the debt has been reaffirmed regardless of whether there's a document that says "reaffirmation agreement" in the file.

 

If you're in default, the lender still has the right to foreclose. Also, the lender is not required to do a loan modification.

Customer: replied 4 years ago.
Not according to our mortgage company. In order to be reaffirmed they want another copy of the reaffirmation. Our loan is not in default. I think we would be treated better if they had the reaffirmation. How can we get a copy of the reaffirmation? Shouldn't this be on file somewhere?
Expert:  Roger replied 4 years ago.

The bank is wrong that this document is necessary. The reaffirmation of the debt is not about signing a piece of paper, it is about your actions in paying the note throughout the bankruptcy. If they accepted your payments, the debt has been reaffirmed.

 

However, if a reaffirmation agreement was executed, it should be in your bankruptcy file at the court clerk's office. You can contact the clerk and ask for a copy.

Customer: replied 4 years ago.
Where can I get documentation stating that the bank is wrong?
Expert:  Roger replied 4 years ago.

The following link confirms my point that you don't have to sign a reaffirmation agreement to reaffirm a debt: http://www.wieb.uscourts.gov/docs/reaffirmation_agreement_packet-1.pdf (See "Should I Reaffirm A Debt?"). You can reaffirm voluntarily without a written agreement.

 

Nevertheless, if you did sign a reaffirmation agreement, it has to be approved by the judge and filed in the court record. Thus, if you signed one, you can get a copy from the court clerk.

Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26390
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 4 years ago.
Thanks for you help!
Expert:  Roger replied 4 years ago.
No problem and good luck.

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