QUESTION

How can I refinance my home (14 yrs), it was not reaffirmed in ex-husband CH7 BK 3 yrs ago on our joint 1st Wells Fargo loan?

Asked on Dec 03rd, 2012 on Bankruptcy - Colorado
More details to this question:
My ex & his wife lost their business & filed Ch7 BK 3 years ago. He is on my first mortgage and I have a second in just my (maiden) name. The bank is not allowing a refinance in either a joint application or in just my name due to the loan not being reaffirmed. WF keeps telling us to reaffirm it though itโ€™s a closed BK. What can I do and how do I fix this?
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4 ANSWERS

Bankruptcy Law Attorney serving Austin, TX at Law Office of Susan G. Taylor
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It sounds as if you don't qualify on the loan alone for a refinance. And certainly your ex is not willing to sign again. Reaffirmation is not possible unless the case is eligible to be reopened. Even if you were able to do that, no judge would sign it.
Answered on Dec 13th, 2012 at 2:44 PM

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Bankruptcy Attorney serving Plantation, FL at Moffa & Breuer, PLLC
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It sounds like you need a loan expert. Your ex-husband cannot and should not reaffirm this debt.
Answered on Dec 05th, 2012 at 8:31 PM

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Daniel James Wilson
This question has come up a lot lately, especially with Wells. Here is how it works. When your ex-husband went through Chapter 7 BK his personal obligation on the mortgage was discharged. To that extent the original contract between Wells, you and him no longer exists. There is nothing to refinance. My advice is to look for another lender. If there is equity in the house, after the 1st and 2nd mortgage debt, someone will refinance you. You cannot reaffirm the debt because the BK case is closed. It would take time and $ to reopen the case and not a good idea. I don't let my clients reaffirm mortgage debt. There is no reason to.
Answered on Dec 04th, 2012 at 5:30 PM

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Deborah F. Bowinski
I suggest that you consider using a different lender for your refinance. There is no requirement that you remain with Wells Fargo? if they will not work with you, find a lender who wants your business.
Answered on Dec 04th, 2012 at 5:28 PM

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