QUESTION
Where can I find the document that says I did reaffirm my house in the bankruptcy?
Asked on Oct 21st, 2014 on Bankruptcy - West Virginia
More details to this question:
What can I do if I had a chapter 7 bankruptcy two years ago and now I went to refinance my home and the bank is asking me a document where it says I did reaffirm my house in the bankruptcy.
10 ANSWERS
Bankruptcy Law Attorney serving Austin, TX
at
Law Office of Susan G. Taylor
Update Your Profile
Ask your attorney; he can access your documents or tell you how to retrieve them from archives. Perhaps even a docket sheet entry would suffice.
Answered on Nov 07th, 2014 at 5:17 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
at
Ronald K. Nims
Update Your Profile
Your attorney should have a copy, if you didn't use an attorney, there is a copy in the case record at the bankruptcy court. Call the clerk's office at bankruptcy court to discuss how to get a copy. If you didn't reaffirm, the bank isn't permitted to refinance you under the bankruptcy law but other lenders could refinance you.
Answered on Oct 27th, 2014 at 8:01 PM
Derek W. Freeman
The real question here is whether you actually reaffirmed the mortgage. If you were represented by an attorney, it is unlikely you signed a reaffirmation agreement because it is usually more advantageous not to. If you were not represented by an attorney in your bankruptcy, the court would have had to approve any reaffirmation agreement, which means you would have had to go to a hearing. If you didn't go to any court hearing, then you did not sign any reaffirmation agreement. Tell your bank that you didn't reaffirm.
Answered on Oct 27th, 2014 at 11:17 AM
If there was a reaffirmation of your house, you would remember it because you would have had to appear in front of a bankruptcy judge. The reaffirmation itself would be in the court file, and you can access the court file by registering with www.pacer.gov to review your records for a small fee. Most of the time, when the bank says it wants to see a reaffirmation, it is really saying they won?t lend to you no matter what. Find another lender and don?t waste your time with the one imposing this requirement.
Answered on Oct 23rd, 2014 at 1:12 PM
All those documents are part of the Court file. Call the Bankruptcy Court and ask for a copy of your file. For a fee they will provide you with copies of your entire file. Good luck!
Answered on Oct 23rd, 2014 at 11:18 AM
If a reaffirmation agreement was approved by the bankruptcy court, the agreement can be found at the Clerk of the Bankruptcy Court offices.
Answered on Oct 23rd, 2014 at 11:17 AM
If you filed a Reaffirmation Agreement in your bankruptcy it would be so indicated on your on-line Court docket, which anyone with a PACER password can access.
Answered on Oct 23rd, 2014 at 11:07 AM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
at
Law Offices of Deborah A. Stencel
Update Your Profile
If your lawyer cannot provide you a copy, go to the bankruptcy court and ask the clerk for a copy.
Answered on Oct 23rd, 2014 at 9:12 AM
Real Estate Attorney serving Florence, KY
at
Linda S. Novakov & Associates, PLLC
Update Your Profile
If you reaffirmed your mortgage debt, the reaffirmation agreement would be filed in your bankruptcy case. You should be able to obtain a copy from the attorney who represented you, or you can obtain a copy from the bankruptcy Court in the jurisdiction where you filed.
Answered on Oct 23rd, 2014 at 9:00 AM
Taxation Attorney serving Charleston, WV
at
C. Page Hamrick III
Update Your Profile
The Bankruptcy Clerk's Office would have a copy.
Answered on Oct 23rd, 2014 at 1:12 AM