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cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience:  Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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My Chapter 7 bankruptcy was completed and the debts forgiven

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My Chapter 7 bankruptcy was completed and the debts forgiven in Jan 2012. In the bankruptcy process, my lawyer did not reaffirm my mortgage and basically told me that I was protected in California by a statute that states a CA citizen does not have to reaffirm a home loan in bankruptcy. I continue to pay my monthly mortgage payment to a credit collection agency. I have consulted with two attorneys on the reaffirmation issue as I have been left in home ownership limbo. I cannot use my home to secure any debt in the future to say put a new roof on the house, and my credit report shows that the original home loan has been in default since November 2011 (even though I never missed a payment). These attorneys tell me that I will not find an attorney in CA that will reaffirm this type of debt as it is a legal malpractice for them to do so. How can I proceed to get my mortgage reaffirmed? I will have to do it myself somehow. I do not like the situation I have been left in being a resident of CA, being forced to pay my mortgage to a credit collection agency.

cortrightlaw : Give me a minute to review your question and provide a response.
cortrightlaw :

I am a California law the extensively practices bankruptcy in the State, and your attorney as well as the other attorneys who advised you that we do not reaffirm home mortgages in California are all correct. In fact I do not believe that a judge would even approve such a reaffirmation. I am unclear as why you are paying your mortgage to a collection agency instead of a mortgage agency for your home, usually the mortgage is paid directly to the mortgage company. At some point in the future if your credit improves and you have equity in your home you are free to refinance your home, so you really are not in limbo as you state.


I spoke with Bank of America about this issue. They send me the monthly statement and it specifically states that this payment is being sent to a credit collection agency on their behalf. They recently sent me a notice that I qualified to get help through the federal program that reduces the interest rate on your home loan. When I called them to discuss this, they told me that unfortunately, I could not proceed with a loan modification as the mortgage loan was not reaffirmed. They told me that if I get it reaffirmed, I would be able to proceed with modification. Exactly how would someone like myself proceed with a reaffirmation?

cortrightlaw :

You need to call back bank of america and talk to someone else, as they are incorrect, I have had plenty of clients modify their home loans without reaffrming them. and as I have already stated you are not going to get this loan reaffirmed in California as it is one not necessary and the Judge will not approve it even if you do it yourself. Just keep calling B of A until you find someone that is willing to assist you.


Thank you for your help.

cortrightlaw :

Sorry it isnt what you wanted to hear, but unfortunately the banks and especially B of A have no idea what they are doing, even if you reaffirmed some how they would most likely never modify your loan and would just give you the run around, we see it all the time.


Is it normal that the mortgage is still showing on my credit report as being in default even though I never missed a payment or is this Bank Of America just being unprofessional?

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