How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Roger Your Own Question
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31737
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Type Your Bankruptcy Law Question Here...
Roger is online now
A new question is answered every 9 seconds

Im trying to refinance our home and have been told that our

This answer was rated:

I'm trying to refinance our home and have been told that our credit is very good but they can't refinance because we need our home reafirmed. Our bankrupsy was discharged in 2008. Our home has just been purchased by a new company. Can you please help me with this problem?
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for using JA! I'll be glad to assist.

Because you didn't reaffirm your mortgage in your bankruptcy, you haven't been given credit for the payments that you've made to keep the loan current by the lender via your credit report. Thus, because your loan appears to be severely in default, the lender won't likely refinance.

The simplest thing would be to do a new loan and have the proceeds pay off the old loan and start anew. However, many lenders aren't willing - or can't get a loan approved - when there's a default loan on your credit report. If the lender is unwilling to make a new loan, the ONLY way you can get your current loan reaffirmed is to file a motion to re-open your bankruptcy and once it is re-opened execute, file and get the reaffirmation agreement approved.

There's no time limit on re-opening a bankruptcy, so you can do this. As long as you can show good cause, the court will re-open the case. You should be able to put on a case for good cause given the fact that you're trying to refinance and save your property, but that you need a reaffirmation to meet the bank's requirements.

Thus, speak to your attorney about re-opening your bankruptcy in order to enter into a reaffirmation agreement. This should get you where you want to be.
Roger and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 4 years ago.

ok so i guess this means i need to contact our bankruptcy lawyer and thank u for your response. I didn't know what to do.

That's right. You should consider seeking out a bankruptcy attorney to file a motion to re-open your case and then ask for a reaffirmation agreement to be approved.