QUESTION

What recourse do I have if my lawyer did not file papers to reaffirm my mortgage with my chapter 7.

Asked on Apr 28th, 2013 on Bankruptcy - Missouri
More details to this question:
My current mortgage holder is not reporting my payments to the credit agencies because they say my mortgage loan was not reaffirmed following my bankruptcy. I have a document from my lawyer stating the loan would be reaffirmed.
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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If your retainer agreement provided for your lawyer negotiating and signing off on a reaffirmation agreement for your mortgage, then you may be entitled to a partial refund of your fees.  However, I would be VERY surprised if that is really the case. In most states, there is no good reason to reaffirm a mortgage debt.  It is not required and eliminates all the benefit of the bankruptcy discharge. Do a google search for "reaffirmation and mortgage" to see other opinions on this subject. 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.    
Answered on Apr 28th, 2013 at 8:08 PM

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