What is the quickest and easiest way to get documentation that the mortgage is reaffirmed?

Question

My mortgage was in a Chapter 7 and discharged 3 years ago.  I never stopped making payments while in the BK. I am looking to refinance into a much lower rate but the new lender wants documentation the mortgage is reaffirmed. Everything else has been signed off by the underwriter but this.

Christian Albut · Answer

There should have been a reaffirmation agreement. You should have the copy that was reaffirmed from the mortgage holder. If not your attorney or mortgage holder should have a copy. If a reaffirmation was not done, then the mortgage holder should have something that they can provide you with proof that you reaffirmed the loan.

Diane Drain · Answer

Most likely it was not reaffirmed.  Talk to your bankruptcy attorney.

Evelyn Figueroa · Answer

If a reaffirmation agreement was entered into by the parties, the same should be part of the court docket and you could obtain a copy from the clerk. Also, if you had an attorney, he/she might have a copy of the agreement. However, my experience is that reaffirmation agreements on mortgages were not that common in bankruptcy, the debtor would indicate he/she was reaffirming the debt and continuing making payments without an agreement being executed by the parties and submitted to the court. It wasn't until recently that this became an issue when debtors tried to refinance their loans. Therefore, although you indicated you were reaffirming the loan, it might be possible that an agreement was never executed. I would recommend you contact the attorney that handled your bankruptcy, or consult with another attorney that can assist in determining if an agreement was entered into and if it wasn't determine if the case can be reopened for this purpose.

Jeffrey Solomon · Answer

Banks often request reaffirmation agreements to modify a mortgage after discharge. If it is a HAMP loan, then they really can't ask for this. It is likely that you did not sign a separate reaffirmation agreement during the bankruptcy which would have had to be filed with the court. It is very risky to sign these agreements and the common practice is not to sign mortgage reaffirmation agreements so you do not have the risk of a deficiency judgment if there is a foreclosure. The Statement of Intention filed with your petition is not the same as a separate reaffirmation agreement. If you had an attorney when you filed the case, you should contact that attorney.

Marjorie Guymon · Answer

You would have had to sign a reaffirmation agreement. Since you don't know I assume you did not sign one.

Max Rosenberg · Answer

If a Reaffirmation agreement was not filed at the time, it is too late to file it now. However they should not be able to discriminate against you for failure to reaffirm. It may make the process more difficult however.

Paul Stuber · Answer

If the mortgage was reaffirmed there would be documentation in the court's   file. However, even though the statute says you shall reaffirm not everyone   does. If you just continued to make payments, as many do, you would still  have  the same contracts with the Mortgage lender only they are only  enforceable  against the property. That all being said, I believe from what you  have said,  you own the property and if the mortgage company agrees to a pay  off  figure, it should not stop a refinance. Just because you got a discharge  does  not mean that the bankruptcy is closed. You will need to show that the  Trustee  set it as a no asset case and it has been closed. That way the  Trustee has  abandoned the property back to you.  If it is still an asset case  you will  need a release from the Trustee.

Dorothy Bunce · Answer

You are talking to a stupid lender & I would be talking to someone else for a new loan or even to your existing lender.  Reaffirming this debt should have no relationship to refinancing.  If you did reaffirm, and many bankruptcy judges will not approve a reaffirmation on a mortgage debt, you would find this court order in your bankruptcy file.  You can access your file for a small fee at www.pacer.gov

D. Nathan Davis · Answer

Your mortgage lender is asking for something that probably does not exist.  A reading of the code section tells me that only a loan on personal property can be reaffirmed.  Even if you can reaffirm the loan, it is unlikely that the Court would grant a reaffirmation.  The balance is so large that it is seldom in your best interest to reaffirm a mortgage loan debt.  The discharge that you received made it so that if you failed to pay the mortgage payments, then the lender could not come against you personally for any amounts owed that were not recovered from the sale of the property.  You need to contact the attorney who represented you in the bankruptcy case to confirm that no reaffirmation was granted on this debt.

Philip Boardman · Answer

You should be able to get a case docket summary from the clerk or get an  ECF password yourself and pull it up that way.

Stuart Nachbar · Answer

If you Mortgage was reaffirmed, then there should be a document on file with the Bankruptcy Court.  You may be able to access it through the PACER system that is used by the Bankruptcy Courts.  In addition, your counsel should have a copy.

Kathleen Delacy · Answer

You may not have signed a reaffirmation because some lenders do not require it.  As long as you keep paying they don't foreclose.  You can check with the lender or check the bankrutpcy court to see if one was filed.

Pamela Stewart · Answer

The reaffirmation agreement had to be filed with the court.  You can  check the docket in your case at the court or you can contact your  attorney and see if he/she would be willing to pull it up for you.  Many  of my clients believe they have reaffirmed their mortgage when they have  not.  I typically advise my client to continue making payments on their  mortgage and NOT reaffirm.  But, I frequently get calls from clients who  received their discharge several years ago where the mortgage company  tells the client they need to re-open their bankruptcy and file a  reaffirmation agreement.  Not possible in my district.

Richard Jacobson · Answer

1.    Contact your bankruptcy lawyer and ask him or her for a copy of the reaffirmation.  2.     Press your memory to figure out if you actually signed a reaff.  They are fairly long papers, six or seven pages or more, and you would have had to fill in something on most of them.  3.     Consult PACER, the federal courts database.  Find your case and click on History/Documents.  Look for the filing of a reaff. with the Court.  If it is there, it can be downloaded.  PACER is not free to the general public, so a lawyer who practices in federal courts is the best person to do it.  4.    Visit the Clerk of the Bankruptcy Court in which you filed your case.  They may be able to locate the document for you, or direct you to a court computer dedicated to that function.

Deborah Stencel · Answer

Your lawyer should be able to provide this.  If you filed on your own, you could go to the bankruptcy courthouse and talk to the clerk. Most clerk's offices will have access to the records available to walk-ins and you would simply pay for the printout from the court docket.

Lorena Saedi · Answer

Contact your attorney and request a copy.

Deborah F. Bowinski · Answer

Most likely your mortgage was NOT reaffirmed. There is rarely a good reason to reaffirm a mortgage loan in bankruptcy an there are many good reasons not to do so. Mortgage reaffirmations are not required and are rarely a good idea.  You can get a payment history from your lender that will reflect the fact that you have made all your payments in a timely fashion. If that is insufficient for your new lender or broker then you may want to find someone else to do your refinance.

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What is the quickest and easiest way to get documentation that the mortgage is reaffirmed?

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