GARCIA & GONZALES, P.C. | Richard N. Gonzales
I am not sure why you reaffirmed a mortgage obligation. The Bankruptcy Code does NOT mandate such reaffirmation agreements, so I counsel my clients to never reaffirm mortgage obligations. The mortgage companies say they will not send you monthly statements, or that they will not report (favorably) your payment history to the credit bureaus. I say, "so what!" Anyway, be sure you double check the bankruptcy papers and make sure the Bankruptcy Court approved the reaffirmation agreement (the court systems keeps this stuff on a computer chip, and you can retrieve it years later). In any case, to answer your specific questions, if you are 100% positive the reaffirmation agreement was approved by the court, the new creditor (the assignee) gets the same advantages or benefits of the original creditor.
Answer Applies to: Colorado
Law Office of Jeffrey Solomon | Jeffrey Solomon
Signing a reaffirmation of a mortgage is risky because you continue to be personally liable on the debt. When the creditor sells the promissory note to a new creditor your obligation that was reaffirmed will continue with the new creditor.
Answer Applies to: Florida