In order to do that you would need to talk to an attorney. It would be best to talk to the attorney who represents you in the bankruptcy. This can become very complicated, and that is why you do not want a petition preparer to do work for you. They are not as educated as attorneys on matters such as this, and simply cannot give you legal advice. Doing a reaffirmation will not take your home out of bankruptcy, but if you default in the future, they can still sue for foreclosure, and most likely would be entitled to what is known as a deficiency judgment against you. If you do not have an attorney, perhaps the mortgage company will speak with you regarding reaffirmation. If they do not contact you for a reaffirmation, let the debt be discharged. Keep paying your mortgage payment, or you will eventually lose the home. If you have remained current, there is no need for the mortgage company to file a foreclosure. Now this is tricky, but if the debt is discharged, that means you do not owe it. If all goes well in the future, you would eventually get a satisfaction of mortgage. If on the other hand, at some point in the future you are unable to pay the mortgagem, the debt will have already been discharged, unless you reaffirm.
Answered on May 09th, 2012 at 11:55 AM