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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2901
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I filed chapter 7 on 05/2010, leaving my mortgage and car out

Customer Question

I filed chapter 7 on 05/2010, leaving my mortgage and car out of it. I recently pulled my credit report to check my credit score and see if I could refinance my house at a better rate but found out that my mortgage payments are not longer being report to the Credit Bureau. This make me very upset since I have never in the last 7 years being late on my house payment. When I contact the Attorney they referred me to the Credit Bureau. I opened an investigation but their conclusion was that the Mortgage company was not reporting the payments. When I contact the Mortgage Company they said that they never received the Reaffirmation Agreement from the Attorney. I contacted the attorney but they said "Your mortgage company was required to submit a Reaffirmation Agreement to our office for your signature, which they never did. That is why one was never signed. It is in your best interest to not have signed a Reaffirmation Agreement in that if there is ever a problem and the house is foreclosed on, you can't get sued for a deficiency claim. If you had signed one you would have remained liable for the debt in the even of a foreclosure. The only way, other than reopening your case (the cost is $850.00) to get this cleared up is to provide the credit bureaus proof of all the payments that were not reported by the mortgage company." Do they have the right to do this to me? I was never giving the option wheather I wanted or not to have my payments reported to the credit bureau.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  insearchoftheanswer replied 5 years ago.

Good afternoon. Unfortunately, that's the way it works....the attorney told you correctly. But, if you step's far better for you not to have any potential liability. Being reported as current on your mortgage isn't going to do you much good with your bankruptcy filing on there as well. You're far better off having been relieved of liability.



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Customer: replied 5 years ago.
Relist: Inaccurate answer.
My question is why I was never giving the option to choose if I wanted the reaffirmation agreement or not. The attorney never informed me of my options.
Expert:  Terry L. replied 5 years ago.
Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

I concur with the other answer and your attorney. Reaffirmations are not required under the bankruptcy code. The reaffirmations must be signed by both parties.

Most lenders send the reaffirmations to the attorney, as the attorney has to sign off on them for you as well. Many lenders do not reaffirm at all, it is their policy, and they are not required to do so.

It is your property, so you can continue payments so you can keep it. if you wish to get 'credit' again on your credit report, you can look to refinance.

As discussed above, you can also walk away without owing another dime on the mortgage.

Your attorney should have explained reaffirmations to you. Your beef is with your lawyer, but keep in mind, the lender must send them out.
Thanks for your question, good luck.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2901
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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