What is the quickest and easiest way to get documentation that the mortgage is reaffirmed? 27 Answers as of March 25, 2013

My mortgage was in a Chapter 7 and discharged 3 years ago. I never stopped making payments while in the BK. I am looking to refinance into a much lower rate but the new lender wants documentation the mortgage is reaffirmed. Everything else has been signed off by the underwriter but this.

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Gateway Legal Group | Christian J. Albut
There should have been a reaffirmation agreement. You should have the copy that was reaffirmed from the mortgage holder. If not your attorney or mortgage holder should have a copy. If a reaffirmation was not done, then the mortgage holder should have something that they can provide you with proof that you reaffirmed the loan.
Answer Applies to: California
Replied: 3/25/2013
Law Office of D.L. Drain, P.A.
Law Office of D.L. Drain, P.A. | Diane L. Drain
Most likely it was not reaffirmed. Talk to your bankruptcy attorney.
Answer Applies to: Arizona
Replied: 3/25/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
The bankruptcy code does NOT require mortgage debt to be reaffirmed.
Answer Applies to: California
Replied: 3/24/2013
Law Office of Joanna North
Law Office of Joanna North | Joanna North
I am not sure why a new lender would require this. Although typically mortgages are not reaffirmed, you can go directly to the Bankruptcy court to get a copy of the reaffirmation agreement if it was filed.
Answer Applies to: Oregon
Replied: 3/21/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Check with the clerk at the bankruptcy court, but if you never signed a separate reaffirmation agreement from the lender then it was not reaffirmed.
Answer Applies to: New York
Replied: 3/21/2013
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    If it was reaffirmed, the reaffirmation agreement would have been filed with the case and would be at the bankruptcy court.
    Answer Applies to: California
    Replied: 3/21/2013
    CPLS, PA | Evelyn J. Pabon Figueroa
    If a reaffirmation agreement was entered into by the parties, the same should be part of the court docket and you could obtain a copy from the clerk. Also, if you had an attorney, he/she might have a copy of the agreement. However, my experience is that reaffirmation agreements on mortgages were not that common in bankruptcy, the debtor would indicate he/she was reaffirming the debt and continuing making payments without an agreement being executed by the parties and submitted to the court. It wasn't until recently that this became an issue when debtors tried to refinance their loans. Therefore, although you indicated you were reaffirming the loan, it might be possible that an agreement was never executed. I would recommend you contact the attorney that handled your bankruptcy, or consult with another attorney that can assist in determining if an agreement was entered into and if it wasn't determine if the case can be reopened for this purpose.
    Answer Applies to: Florida
    Replied: 3/21/2013
    Eliza Ghanooni, Attorney at Law
    Eliza Ghanooni, Attorney at Law | Eliza Ghanooni
    If you did not file a reaffirmation agreement in bankruptcy court then the loan was not reaffirmed. If you did file a reaffirmation agreement, you should be able to receive a copy by going to the clerk of the court.
    Answer Applies to: California
    Replied: 3/21/2013
    Ray Fisher Law Offices
    Ray Fisher Law Offices | Ray Fisher
    Go through your bankruptcy lawyer. He or she either has a copy of it or can get one from the court online easily.
    Answer Applies to: Texas
    Replied: 3/21/2013
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    If a Reaffirmation agreement was not filed at the time, it is too late to file it now. However they should not be able to discriminate against you for failure to reaffirm. It may make the process more difficult however.
    Answer Applies to: Connecticut
    Replied: 3/21/2013
    Law Office of Jeffrey Solomon
    Law Office of Jeffrey Solomon | Jeffrey Solomon
    Banks often request reaffirmation agreements to modify a mortgage after discharge. If it is a HAMP loan, then they really can't ask for this. It is likely that you did not sign a separate reaffirmation agreement during the bankruptcy which would have had to be filed with the court. It is very risky to sign these agreements and the common practice is not to sign mortgage reaffirmation agreements so you do not have the risk of a deficiency judgment if there is a foreclosure. The Statement of Intention filed with your petition is not the same as a separate reaffirmation agreement. If you had an attorney when you filed the case, you should contact that attorney.
    Answer Applies to: Florida
    Replied: 3/21/2013
    Troutman & Napier
    Troutman & Napier | Gregory A. Napier
    Well, it sounds like it never was reaffirmed. You just kept making payments. If you did reaffirm it, then you would have to go to the bankruptcy court and get a copy of it from their system. You could do this yourself through PACER if you set up an account with them. You attorney should still have a copy too.
    Answer Applies to: Kentucky
    Replied: 3/21/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    You would have had to sign a reaffirmation agreement. Since you don't know I assume you did not sign one.
    Answer Applies to: Nevada
    Replied: 3/21/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You are talking to a stupid lender & I would be talking to someone else for a new loan or even to your existing lender. Reaffirming this debt should have no relationship to refinancing. If you did reaffirm, and many bankruptcy judges will not approve a reaffirmation on a mortgage debt, you would find this court order in your bankruptcy file. You can access your file for a small fee at www.pacer.gov
    Answer Applies to: Nevada
    Replied: 3/21/2013
    Philip R. Boardman, Attorney at Law
    Philip R. Boardman, Attorney at Law | Phil Boardman
    You should be able to get a case docket summary from the clerk or get an ECF password yourself and pull it up that way.
    Answer Applies to: Virginia
    Replied: 3/21/2013
    Davis Law SC | D. Nathan Davis
    Your mortgage lender is asking for something that probably does not exist. A reading of the code section tells me that only a loan on personal property can be reaffirmed. Even if you can reaffirm the loan, it is unlikely that the Court would grant a reaffirmation. The balance is so large that it is seldom in your best interest to reaffirm a mortgage loan debt. The discharge that you received made it so that if you failed to pay the mortgage payments, then the lender could not come against you personally for any amounts owed that were not recovered from the sale of the property. You need to contact the attorney who represented you in the bankruptcy case to confirm that no reaffirmation was granted on this debt.
    Answer Applies to: South Carolina
    Replied: 3/21/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Most likely your mortgage was NOT reaffirmed. There is rarely a good reason to reaffirm a mortgage loan in bankruptcy an there are many good reasons not to do so. Mortgage reaffirmations are not required and are rarely a good idea. You can get a payment history from your lender that will reflect the fact that you have made all your payments in a timely fashion. If that is insufficient for your new lender or broker then you may want to find someone else to do your refinance.
    Answer Applies to: Colorado
    Replied: 3/21/2013
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    If you Mortgage was reaffirmed, then there should be a document on file with the Bankruptcy Court. You may be able to access it through the PACER system that is used by the Bankruptcy Courts. In addition, your counsel should have a copy.
    Answer Applies to: New Jersey
    Replied: 3/21/2013
    Law Office of Barry R. Levine | Barry R. Levine, Esq.
    A reaffirmation agreement should have been executed by you, filed with the Bankruptcy Court and approved by the judge assigned to your case.
    Answer Applies to: Massachusetts
    Replied: 3/21/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    You may not have signed a reaffirmation because some lenders do not require it. As long as you keep paying they don't foreclose. You can check with the lender or check the bankrutpcy court to see if one was filed.
    Answer Applies to: Delaware
    Replied: 3/21/2013
    Paul Stuber, Attorney at Law
    Paul Stuber, Attorney at Law | Paul Stuber
    If the mortgage was reaffirmed there would be documentation in the court's file. However, even though the statute says you shall reaffirm not everyone does. If you just continued to make payments, as many do, you would still have the same contracts with the Mortgage lender only they are only enforceable against the property. That all being said, I believe from what you have said, you own the property and if the mortgage company agrees to a pay off figure, it should not stop a refinance. Just because you got a discharge does not mean that the bankruptcy is closed. You will need to show that the Trustee set it as a no asset case and it has been closed. That way the Trustee has abandoned the property back to you. If it is still an asset case you will need a release from the Trustee.
    Answer Applies to: Colorado
    Replied: 3/21/2013
    Law Offices of Terrell Monks
    Law Offices of Terrell Monks | Terrell Monks
    If you and the creditor signed, and the court approved, a reaffirmation then you will be able to get a copy from the court clerk or your attorney.
    Answer Applies to: Oklahoma
    Replied: 3/21/2013
    Law Offices of Pamela L. Stewart | Pamela L. Stewart
    The reaffirmation agreement had to be filed with the court. You can check the docket in your case at the court or you can contact your attorney and see if he/she would be willing to pull it up for you. Many of my clients believe they have reaffirmed their mortgage when they have not. I typically advise my client to continue making payments on their mortgage and NOT reaffirm. But, I frequently get calls from clients who received their discharge several years ago where the mortgage company tells the client they need to re-open their bankruptcy and file a reaffirmation agreement. Not possible in my district.
    Answer Applies to: Texas
    Replied: 3/21/2013
    Weber & Phillips, P.A.
    Weber & Phillips, P.A. | John G. Phillips
    Contact your attorney or the clerk of the Court to get a copy.
    Answer Applies to: Arkansas
    Replied: 3/21/2013
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    Your lawyer should be able to provide this. If you filed on your own, you could go to the bankruptcy courthouse and talk to the clerk. Most clerk's offices will have access to the records available to walk-ins and you would simply pay for the printout from the court docket.
    Answer Applies to: Wisconsin
    Replied: 3/21/2013
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    1. Contact your bankruptcy lawyer and ask him or her for a copy of the reaffirmation. 2. Press your memory to figure out if you actually signed a reaff. They are fairly long papers, six or seven pages or more, and you would have had to fill in something on most of them. 3. Consult PACER, the federal courts database. Find your case and click on History/Documents. Look for the filing of a reaff. with the Court. If it is there, it can be downloaded. PACER is not free to the general public, so a lawyer who practices in federal courts is the best person to do it. 4. Visit the Clerk of the Bankruptcy Court in which you filed your case. They may be able to locate the document for you, or direct you to a court computer dedicated to that function.
    Answer Applies to: Wisconsin
    Replied: 3/21/2013
    Saedi Law Group
    Saedi Law Group | Lorena Saedi
    Contact your attorney and request a copy.
    Answer Applies to: Georgia
    Replied: 3/21/2013
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