How can we file a reaffirmation for our mortgage? 16 Answers as of November 06, 2013

We filed for bankruptcy 7 a couple of years ago, but we did not include our mortgage. We ran our credit and we realized that our Mortgage payments were not appearing on our credit reports. Our bankruptcy lawyer never indicated we needed a reaffirmation. Can we still reaffirm or how can we solve this problem. We need our credit history to rebuild our credit.

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Law Offices of Daniel J Winter
Law Offices of Daniel J Winter | Daniel J Winter
This is a common problem people are having lately. The lender says you needed a reaffirmation agreement on a previous mortgage. In reality, this is a requirement that is just unique to this lender. In fact, it is almost always a bad idea to reaffirm a mortgage. There are many legal reasons why you are better off not reaffirming. While it is true that the mortgage company may not report the payments, you can send your records of payments directly to the credit bureaus to get them reported. Then, you can shop for a different lender who will refinance your mortgage. Bankruptcy courts in this district do not generally allow you to "go back" and reaffirm a mortgage. But, you should be able to get refinanced by another lender.
Answer Applies to: Illinois
Replied: 11/6/2013
Law Offices of Peter De Bruyn
Law Offices of Peter De Bruyn | Peter De Bruyn
Was your mortgage listed on schedule "D"? You have the right to include accurate information in your credit report. You can add you correct information to your credit report at least once a year, yourself, without them. They are required to give you at least annual statements reflecting your outstanding mortgage.
Answer Applies to: California
Replied: 11/6/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You would have to find out if the judge on your case will allow you to file a reaffirmation agreement for a mortgage. Many judges will not allow you to reaffirm debt in a bankruptcy which is designed to get rid of debt.
Answer Applies to: New York
Replied: 11/6/2013
The Law Offices of Andrew D. Myers
The Law Offices of Andrew D. Myers | Andrew Myers
Your attorney did an excellent job by NOT reaffirming your mortgage. If rebuilding credit is your goal there are many other legitimate ways to do so, please see the article on this topic linked below. The U.S. Supreme Court has pointed out that the purpose of bankruptcy is to give unfortunate debtors a fresh start. Reaffirmations run contrary to that goal. Also, procedural, once your case is closed, reopening for the purpose of filing a reaffirmation is not allowed.
Answer Applies to: Massachusetts
Replied: 11/6/2013
Idaho Bankruptcy Law | Paul Ross
You can only reaffirm a debt up until discharge. After that, the window has closed. Having said that, it is very rare that an attorney receives a reaffirmation agreement for a mortgage. I think I received one all last year. There is a high probability your attorney did not even receive a reaffirmation for you to consider. All debts must be included in a bankruptcy. That includes a mortgage. Failure to include it would constitute bankruptcy fraud. I am sure you did not actually intend to not include the mortgage in your bankruptcy. In most jurisdictions, and certainly in Idaho, debts not included are also discharged in a Chapter 7 no asset case. If yours was a no asset case, then your mortgage was discharged even if you did not include it.
Answer Applies to: Idaho
Replied: 11/1/2013
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Generally you never reaffirm a mortgage, what if you decide you can't afford it and need to walk away? Dispute it with the credit reporting agency and they will, within 30 days, contact the mortgage company, find that you have been making the payment, hopefully on a timely basis, and that will make it show up on your credit history. I recommend to my clients that they do this on a yearly basis. The mortgage company is under no obligation to report it and some are more sticklers about it than others. But filing the dispute should take care of the problem for you. I would also be looking at other ways to rebuild your credit, such as a "fresh start" loan from a credit union, or a car loan, assuming that you can afford it and need it.
    Answer Applies to: Michigan
    Replied: 11/1/2013
    Law Offices of Robert P. Taylor
    Law Offices of Robert P. Taylor | Robert P. Taylor
    Is generally a bad idea to reaffirm a home loan. Nevertheless, a reaffirmation agreement generally needs to be filed within 60 days of your meeting of creditors. I doubt you could reaffirm now. That said, I understand many lenders will give you some credit if you can prove you've been making your mortgage payment on time for at least a year.
    Answer Applies to: California
    Replied: 11/1/2013
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    Too late to reaffirm. Get a copy of your payment history and have it added to your credit report.
    Answer Applies to: New York
    Replied: 11/1/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    This is not an error by the lawyer. The code does not require this. What you can do is reopen the bankruptcy (filing fee $260.00) and file a motion to get a "comfort order" that the discharge injunction will not be violated by a refinance.
    Answer Applies to: California
    Replied: 11/1/2013
    Stittleburg Law Office
    Stittleburg Law Office | Bernd Stittleburg
    No, reaffirmation agreements must be completed within 60 days of the 341 hearing. If your case was filed 2 years ago, it's too late.
    Answer Applies to: Georgia
    Replied: 11/1/2013
    Niketas & Clark, LLP
    Niketas & Clark, LLP | Alexia K. Niketas
    You cannot reaffirm now that your bankruptcy case is closed and I wouldn't recommend that you reaffirm a debt that was discharged as to you personally through bankruptcy anyway. It defeats the purpose of bankruptcy. For example, say you and/or your husband lose your job and can no longer maintain the mortgage payments, or one of you becomes ill and you can no longer afford the mortgage and you have to let the house go. If you had reaffirmed the mortgage debt, you would still be PERSONALLY liable on that mortgage debt, meaning the lender could sue you personally to collect and then be able to garnish your wages and/or bank accounts. Since we never know what the future may hold, I strongly advise my bankruptcy clients against reaffirming any debt. Your lender does not report your timely payments to your credit bureaus, that's correct, but they also may not report any negative marks to your credit bureaus either. Even if the home ends up foreclosing at some point. As long as you continue to make your mortgage payments in a timely manner, you should be able to keep your home and qualify for a refinance or new home mortgage within a couple of years of the bankruptcy filing. Your mortgage broker or banker will know how this works and see that your home was not foreclosed which indicates that you made the required mortgage payments, which is what matters to them when they consider the risk involved in lending you funds for a mortgage.
    Answer Applies to: Georgia
    Replied: 11/1/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    See you bankruptcy attorney, he will have the best knowledge of your situation and options.
    Answer Applies to: Michigan
    Replied: 11/1/2013
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    You will not be able to reopen your case to enter into a reaffirmation as that would mean setting aside a discharge.
    Answer Applies to: Michigan
    Replied: 11/1/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    You cannot reaffirm your mortgage loan at this point, nor do you want to. Your lawyer advised you correctly - you NEVER have to reaffirm mortgage loans, and in almost every instance it is a very bad idea to do so. It is true that your mortgage loan has been discharged, and it is true that the lender does not have to report your payment history to credit bureaus because no actual debt remains. BUT it is also true that when you are in a position to apply for a new loan you can request a payment history from your mortgage lender and present that history to the new loan officer or underwriter as evidence of your payment record. If the new lender is unwilling to look at that information then find a different lender.
    Answer Applies to: Colorado
    Replied: 11/1/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    You will have to reopen your bk and ask the mortgage company to sign a reaffirmation agreement.
    Answer Applies to: Nevada
    Replied: 11/1/2013
    Scott Goldstein | Scott Goldstein
    You cannot reaffirm after the case has been discharged. It is generally inadvisable to reaffirm a mortgage. You should keep records of payments.
    Answer Applies to: New Jersey
    Replied: 11/1/2013
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