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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31672
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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over 8 yrs ago we filed chapter 7 on medical bills. We went

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over 8 yrs ago we filed chapter 7 on medical bills. We went last week to refi our home. We have always been on time with our home payments before and after chapter 7 to the same mortage co. we went back to them for refi they said no becaus our mortag was not affirmed and said uor lawer was to do that, we called our lawer she said mortage co. was to do that. For the last 8 years we have made payments. we have no payment history for the last 8 years with the leander. Who is right?

Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question,

and I'm sorry for your dilemma.

Generally, it is the debtor's obligation to reaffirm a debt - - and NOT the lender's. This is so because the lender cannot force a debtor to reaffirm a debt; that's something only the debtor can do/choose to do.

Thus, it wasn't the lender's responsibility. It was likely your attorney's responsibility to inform you of the ability/opportunity to get the reaffirmation accomplished.

Roger and other Bankruptcy Law Specialists are ready to help you