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Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2957
Experience:  associate attorney
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I have read in the US Bankruptcy code that it is possible to

Customer Question

I have read in the US Bankruptcy code that it is possible to reaffirm a mortgage after a bankruptcy has been released. My attorney says it is not. I wrote both him and the Trustee and said in a certified letter and email that I wanted to reaffirm with Nationstar Mortgage and nothing was ever done. Nationstar will not report 38 on time payments to them. I singed a legal document for a mortgage modification thinking that it had been reaffirmed or that I was reaffirming. Please set me straight!
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Christopher B, Esq. replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

The question is, why would you want to reaffirm? Your attorney did you a favor by not reaffirming your mortgage during bankruptcy. If the bank is using your credit as a strong arm tactic to reaffirm your mortgage then ask your attorney if he/she will write letters under the Fair Credit Reporting statues demanding accurate information be put into your credit report. There is no upside to reaffirming the mortgage as long as you continue to keep your payments on time, federal law prevents the lender from foreclosing your property. There are two parts of the mortgage, the personal guarantee made by you (this was eliminated during bankruptcy) and the lien that was placed on your property (your bankruptcy cannot and did not extinguish this). The only thing that remains is the lien and you keep your property as long as you maintain your payments. Normally the bank could come after you personally for the debt and garnish wages, etc. With you bankruptcy this is no longer possible. You get no benefit by reaffirming your mortgage and the bank has a duty to fairly report any payments made by you for your credit report.

Please let me know if you have any further questions and please positively rate my answer if satisfied.

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