QUESTION
Is it the lawyer or the mortgage company who is responsible for starting a reaffirmation papers in filing for bankruptcy?
Asked on Aug 23rd, 2012 on Bankruptcy - Florida
More details to this question:
My mortgage company says my lawyer was responsible and my lawyer says the mortgage company was responsible for filing reaffirmation papers on my mortgage. The Court mailed and sent electronic notification to the mortgage company that I wanted to reaffirm. It never is done and now both are blaming each the other. My lawyer has since retired.
11 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Normally the mortgage company prepares the reaffirmation papers, but your attorney could have also.
Answered on Aug 27th, 2012 at 2:01 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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The lawyer for the mortgage company is responsible not your lawyer.
Answered on Aug 24th, 2012 at 3:07 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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In New Jersey you would not do a reaffirmation on a meeting.
Answered on Aug 24th, 2012 at 3:07 PM
Meredith P. Ezzell
The mortgage company should prepare the reaffirmation papers BUT it is not required that you reaffirm debt on real property anyway.
Answered on Aug 24th, 2012 at 3:07 PM
There is no reason at all to sign a reaffirmation for real estate, ever, no matter what. Don't do it.
Answered on Aug 24th, 2012 at 3:06 PM
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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The mortgage company is responsible for preparing the reaffirmation paperwork.
Answered on Aug 24th, 2012 at 3:06 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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It is the mortgage company. But, depending on where you live, you probably do not want to reaffirm the debt on your home. Talk to your attorney about the consequences.
Answered on Aug 24th, 2012 at 3:06 PM
Bankruptcy Attorney serving Oakdale, CA
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Law Office of Todd Whiteley
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Usually the lender sends the reaffirmation agreement. But I rarely allow my clients to file reaffirmation agreements for a mortgage.
Answered on Aug 24th, 2012 at 3:06 PM
Bankruptcy Attorney serving Grand Rapids, MI
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David Andersen & Associates, PC
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The mortgage company provides the reaffirmation agreement. Some mortgage companies do not provide those agreements. In the event you did not sign an agreement, you can generally continue paying without any issues. If you did sign a reaffirmation agreement, you will not retain "personal" liability on the property after the bankruptcy. This means if you fall behind and the property goes into foreclosure that the mortgage company can't go after you for any deficiency.
Answered on Aug 24th, 2012 at 3:05 PM
Bankruptcy Chapter 7 Attorney serving Fort Collins, CO
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The Salas Law Firm LLC
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The attorney usually indicates in the petition the debtors desire to reaffirm, but in my experience the Mortgage company has always prepared the reaffirmation agreement. After the agreement has been signed either the attorney or the Bank can file with the court.
Answered on Aug 24th, 2012 at 3:05 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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As a lawyer, I say that it is the responsibility of the mortgage company to get the reaffirmation agreement done and submitted to the court.
Answered on Aug 24th, 2012 at 3:04 PM