Is there anything we can do if we filed bankruptcy and home wasn't reaffirmed? 7 Answers as of March 22, 2016

In 2010, we filed chapter 7. In the statement of intention, we retained the property and wanted to reaffirm the house. According to the mortgage company, the lawyer never sent a letter of intent to them and they charged it off. The final court papers shows that it has been reaffirmed, but it has not. Now, I cannot refinance the house, as no bank will touch a charge-off, and we were wondering if there's any possible way to rectify the situation. I am aware that we can sell, however it makes getting financing for another home very difficult as we are wanting to move out of state.

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Ronald K. Nims LLC | Ronald K. Nims
You say that the final court papers say that the debt was reaffirmed. If a duly executed reaffirmation agreement was entered by the court. Then the debt was reaffirmed. There is no such thing as "Didn't reaffirm but the court record says we did". The court record is the only thing that matters. Courts are staffed by humans (I wouldn't mention this in front of a judge, such a profound disconnect between their beliefs and reality might cause a psychotic break) and mistakes are made but until and unless the court's record is corrected, the court's record is the law.
Answer Applies to: Ohio
Replied: 3/22/2016
Stephens Gourley & Bywater | David A. Stephens
If it was completely charged off they would release the mortgage recorded against the residence. Selling will pay off the loan which will help clean up the credit.
Answer Applies to: Nevada
Replied: 3/22/2016
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You CAN refinance with another bank. You need to report your own payments. The addresses to do that are attached.
Answer Applies to: California
Replied: 3/21/2016
Philip R. Boardman, Attorney at Law
Philip R. Boardman, Attorney at Law | Phil Boardman
Most lawyers will not do reaffirmation agreements for mortgages because of the liability and most courts will not reaffirm them (they cite case law to allow you to keep the property without a reaffirmation agreement) Try shopping other lenders for refinancing. Good luck.
Answer Applies to: Virginia
Replied: 3/21/2016
Law Office of Michael Johnson
Law Office of Michael Johnson | Michael Johnson
File a motion to reopen to sign reaffirmation. It may be allowed but it is your only chance.
Answer Applies to: Florida
Replied: 3/21/2016
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You cannot refinance the house with your current lender, but you certainly can refinance it. Check with local credit unions and have your current lender mail you a copy of your account history to submit with your refi application. Oh and by the way, dispute any credit report that this debt has been CHARGED OFF. This is an inaccurate report. This debt was DISCHARGED by bankruptcy, which is why your current payments are not being reported to the credit bureaus. Oh and do not blame your bankruptcy attorney. The LENDER has to offer a reaffirmation to you, and your bankruptcy lawyer has nothing to do with whether or not you get an offer from them. Further, most bankruptcy judges will not approve any reaffirmation on a large mortgage debt.
    Answer Applies to: Nevada
    Replied: 3/21/2016
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    This is a very common issue. The only way to refinance with your existing mortgage company is to file a motion to reopen your bankruptcy, set aside the discharge, and enter into a reaffirmation agreement. I don't recommend doing this unless you have in writing been approved for the reaffirmation and refinance. Your other option is simply to go to a different bank to refinance.
    Answer Applies to: Nevada
    Replied: 3/21/2016
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