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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 110519
Experience:  Attorney experienced in commercial litigation.
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We filed in 2009 and was discharged in 2 months later.

Customer Question

We filed for bankruptcy in 2009 and was discharged in 2 months later. However, the 9th district cout in Santa Rosa Ca will not allow us to reaffirm our mortgage and Chase mortgage has not been reporting since to date of our timely mortgage payments and we can not refinance becase we do not have the mortgage history nor fico credit sxores. Can you please help?
Submitted: 4 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
We are not allowed by state law to represent you or anyone else from this site, I do apologize for that. However, why is the court refusing to allow you to reaffirm your mortgage? Have you asked Chase to properly report your timely payments?
Customer: replied 4 months ago.
the 9th distcourt does not allow reaffirming mortgage after a bankruptcy. and chase mortgage will not send payment info to credit bureaus unless mortgage is reaffirmed.
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your reply.

All you can do with Chase is send them a letter signed and notarized stating you agree to continue to be bound by the mortgage contract. But if they will not accept that, then legally I am afraid you are stuck with the BK court order on this matter and you would need to seek to continue to negotiate with Chase, since they really do not want the house, they want their money, so you will have to negotiate that with the bank and those are your only two options here, since the court district you are in will not allow an order of reaffirmation.

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