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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I need help. In 2009, I filed reaffirmation on 1st mortgage,

Customer Question

I need help. In 2009, I filed reaffirmation on 1st mortgage, 2nd mortgage, and a car. But all but the 1st mortgage did get reaffirmed. I didn't find out till a year later. Now I can't get anywhere because it has been discharged. I need it cleared up to help me get help with free services to fix up the house. it's in dire need of repairs. the lawyer said she sent it in a envelope the mortgage company provided and has the date she sent it. the mortgage company says the lawyer was to file, the lawyer says the mortgage company has always filed. now i'm stuck in a catch 22. Help!!!
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.

Hi JACustomer,

What is your Bankrutpcy Law question, please? (What would you like to know?)

Customer: replied 5 years ago.
i need to know how to fix it that my mortgage will show on my credit report as paying and not discharged. do i have to go back to court? I already paid once for it to be reaffirmed i don't think i should have to pay again. i need help with my major repairs or else i won't be able to live at the property. because the house is showing discharged and the he said/she said about filing no one wants to help us.
Expert:  cfortunato replied 5 years ago.

To get the first mortgage re-affirmed, your Bankruptcy case has to be re-opened, and the re-affirmation agreement submitted while the case is re-opened. I agree that you should not have to pay again for the re-affirmation. This is something you will have to discuss with your attorney.

Customer: replied 5 years ago.
Not happy. Already had idea that my only option would be to go to court but due to finances I was hoping to find a way around this issue.
Expert:  cfortunato replied 5 years ago.

Going to court is the only way to have the re-affirmation agreement filed.

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