QUESTION

who is responsible for reaffirming your home after bankruptcy the attorney you hired or the mortgage company?

Asked on Oct 02nd, 2011 on Bankruptcy - Kentucky
More details to this question:
I filed in dec 2008. I chose to keep my vehicle and my home. I recently checked my credit report to find that the reaffirmation paper work that I had signed for my attorney was never filed with the courts and the case ahs been closed. When I called to ask about it her secretary told me they sent the paper work to the mortagage company but That THEY (the mortagage company) never filed it. When I called the mortgage company they said it is not their responsibility to file any paper work. I have not missed any payments yet my credit report shows I have not made a pymt on my house since Jan 09. And the mortgage company says the only way it can be fixed is to refinance which I don''t want to really do. What are your thoughts? Thanks for your time.
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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Well, the responsible party is usually the creditor, since reaffirmation agreements primarily benefit them.  It certainly wouldn't be your attorney's responsibility unless you contracted with him to represent you in the reaffirmation proceedings AND to prepare and file the reaffirmation agreement. More importantly, there is virtually no reason to ever reaffirm a mortgage.  The only slight benefit you would get from doing so would be that the future on-time payments might help your credit score somewhat.  On the other hand, it would obligate you for the full balance on the loan and turn what might have been a non-recourse loan into a recourse loan (meaning that if in the future they foreclose and there is still money owing to them after the foreclosure, you're liable for that and your bankruptcy discharge will not have eliminated that obligation).  In any event, your discharge has already entered so you cannot reaffirm your mortgage now. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr
Answered on Oct 02nd, 2011 at 11:24 PM

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