What should I do if the attorney did not reaffirm the mortgage?

I am assuming you are a California resident, property is in California There are some important details about this situation that were not disclosed within your question: are you a co-borrower? Are you on title of the property? How did the divorce court divide the assets particularly what was to happen to the property in question? Is the ex-husband cooperative and in agreement over the transfer of the property to you? Debtor is required to list ALL debts in the bankruptcy petition, so listing the mortgage was not only proper but required. Reaffirming a mortgage is not in the best interest of the debtor. I don't know any BK attorney who would recommend that their client sign a reaffirmation agreement on a mortgage. So the lack of reaffirmation was also proper and not out of the ordinary. Nothing based on these facts suggests that something was either done incorrectly or that something should have been done or should not have been done in the bankruptcy case. If you are a co-borrower you can obtain a written history of payments and pay off amount by making the request to the lender in writing. If you are not a co-borrower, your ex-husband as the original borrower can obtain this document by making a written request to the lender. If your ex is uncooperative and you are attempting to purchase or transfer ownership of the property from him it would be problematic to do this without more steps regardless whether the bankruptcy was filed since change of ownership without agreement and cooperation between the two parties would involve forcing the transfer. As a bankruptcy attorney I admit I have limited involvement in clients affairs after discharge unless there is some issue as it relates to their bankruptcy case and I'm happy to report that this is very seldom the case. As a bankruptcy attorney, I can assure you that the facts you provide regarding the ex-husband's bankruptcy case are not out of the ordinary and a bankruptcy attorney cannot help here. There were a lot of bankruptcy cases filed in San Diego over the last 6 years so I think it's safe to say that the issue you present has come up before and there is a resolution to your dilemma. An experienced (someone who has handled more than a handful of transactions) real estate broker, mortgage broker or depending on the facts that have not been disclosed in your question a family law and/or real estate attorney must have come across your situation more than once and can assist you. Good luck.

Attorneys do not reaffirm. Their client's do. Your husband's choice to not reaffirm was probably a good one for him. Find a new lender to refinance and provide original capital.

Stop taking legal advice from your mortgage company and from other non-lawyers. Your customer service rep at the bank does not have much more than a high school diploma and has no legal knowledge. If you want to refinance your mortgage, you need to find a lender that isn't going to hold the bad credit of your ex spouse against you. That probably will be a local credit union.

See an attorney, you are still liable on the note and shod be able to refi if you can quality.