QUESTION

Is it necessary to reopen a bankrutcy case to refinance mortgage loan that was not reaffirmed?

Asked on Oct 28th, 2013 on Bankruptcy - California
More details to this question:
Do I need to reopen a bankruptcy case in order to refinance a mortgage loan that was not reaffirmed? If so, why?
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7 ANSWERS

Bankruptcy Attorney serving Oakland, CA at Elkington Law
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There are many practitioners that do not believe that it is necessary to reaffirm your mortgage in order to get a modification or refinance. That being said, if that is a requirement of the mortgage company, you might be forced into doing so.
Answered on Oct 31st, 2013 at 7:43 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Not only do you not need to do this, it isn't legally possible to do this. Bank customer service personel, with their high school diplomas, feel qualified to give you bad legal advice about how to refinance. They simply ought to be stating that they will not refinance you after a bankruptcy and be done with it.
Answered on Oct 31st, 2013 at 7:09 AM

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Bankruptcy Attorney serving Las Vegas, NV
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Yes, you will be required to reopen your case, reaffirm the debt, and do the refinance.
Answered on Oct 31st, 2013 at 7:02 AM

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No. I am not sure why you would want to reopen the bankruptcy. You cannot reaffirm a debt after discharge. Besides, I rarely receive reaffirmation agreements for real property. The original mortgage company may not be willing to refinance your debt, try another lender.
Answered on Oct 30th, 2013 at 5:55 AM

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Deborah F. Bowinski
No, not at all.
Answered on Oct 30th, 2013 at 5:48 AM

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A reaffirmation on a mortgage is never necessary. The California Monitor provides assistance to homeowners and negotiation with the five mortgage companies that signed the National Mortgage Settlement: BoA, WF, Chase, Citi, and GMAC (now serviced by Ocwen) to ensure compliance with the Settlement, including its bankruptcy-related servicing reforms. Of the 5 servicers listed above, we believe Wells Fargo is the main (only?) institution refusing refinances unless the mortgage debt was reaffirmed in the bankruptcy. (Doing it after the discharge basically doesn't work for a host of legal reasons, and WF sees those issues but seems to continue to "ask for"/"require" a reaffirmation at times. Wells Fargo has confirmed to The California Monitor, however, that loan modifications after discharge are available, regardless of whether the debt was reaffirmed.
Answered on Oct 30th, 2013 at 5:45 AM

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No, there shouldn't be any reason to reopen just to refinance.
Answered on Oct 30th, 2013 at 5:23 AM

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