Were told by lawyer not to reaffirm in bankruptcy in 2009. If we had understood what was going on or given a choice we would've reaffirmed.I DID ask.Now I learn Wells Fargo could take our house.Also, doesn't show on credit reports that we make mortgage payments.Asked bankruptcy lawyer's office about this recently. They do not care & said we can't change it.
Wow. You are really getting some inaccurate information somewhere.
First of all, you cannot reaffirm a debt after your discharge has been granted. You don't state which chapter you filed or whether or not you received a discharge, but I'm assuming you did receive one.
Second, there's absolutely no reason to reaffirm a mortgage debt. Ever. Your lawyer was correct.
Third, where did you "learn" that Wells Fargo can take your house because you didn't reaffirm the debt? Unless there are some laws specific to your state allowing this, that's nonsense. If you fail to make your required mortgage payments, then they can seek to foreclose pursuant to the terms of your Note and Deed of Trust. But there is simply no requirement that you reaffirm a real estate obligation.
Yes, it's true that the ongoing payments you're making do not get reported to credit bureaus. That's a small price to pay for eliminating your debts and, quite frankly, it's easily remedied by refinancing the loan.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. Always seek an experienced bankruptcy attorney when filing.
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