My husband filed bankruptcy in ''09 before we married. He never reaffirmed 1st or 2nd mortages. How long until he MUST reaffirm 1st and/or 2nd mortgage
Forever. He needs to make the mortgage payments. Then there is no default and there is no foreclosure. The time to reaffirm has long since passed. But, why on earth would he want to reaffirm a house mortgage?
A debt can only be reaffirmed by filing the required agreement with the court prior to discharge being entered in a bankruptcy case. If your husband filed bankruptcy in 2009, I assume he has already received his discharge, although you don't specify which chapter was filed or other details.
That aside, there is really no reason to reaffirm a mortgage debt. It's certainly not required to retain the property. The only benefit is that doing so might enable the future payments to be reported as "current" on the credit report.
Mark J. Markus, Attorney at Law
Handling exclusively bankruptcy law cases in California since 1991.
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