QUESTION
Will the mortgage company come after us if they have a signed affirmation agreement that they never filed?
Asked on Jan 07th, 2013 on Bankruptcy - North Carolina
More details to this question:
We filed bankruptcy in Dec 2009. It was discharged in Feb 2010. We signed and submitted a reaffirmation agreement on our home. Yes we are underwater, in hind sight it was a mistake, but we needed to do it at the time. I have since discovered the reaffirmation agreement was never filed with the court. On my credit report, the account is listed as 'discharged under bankruptcy' . It no longer shows as a open debt on our credit report. We are having a hard time making the payments and will most likely have to walk away from the house after all.
10 ANSWERS
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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No.
Answered on May 28th, 2013 at 12:44 AM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Since the court never entered the reaffirmation agreement, you have not completed the process of reaffirmation which is probably good news for you.
Answered on Jan 10th, 2013 at 2:34 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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If you have to walk away from the house, at least the lack of a filed reaffirmation protects you from being liable forvany deficiency which the mortgage lender might try to collect.
Answered on Jan 10th, 2013 at 12:00 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Probably not, but you need to check with your bankruptcy attorney to confirm the status of the reaffirmation agreement.
Answered on Jan 10th, 2013 at 12:00 PM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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Regarding the attempted reaffirmation of your mortgage, you are extremely lucky! I'm sorry to hear that you are in arrears, but at least you won't be held personally liable for a deficiency if you do go through a foreclosure. A reaffirmation agreement must not only be signed but also approved by the courtand yours apparently was not.
Answered on Jan 10th, 2013 at 11:59 AM
Daniel James Wilson
You lucked out. If the reaffirmation was not filed with the bankruptcy court it is of no effect. P.S. There is no good reason to reaffirm a mortgage. I am curious why you felt you needed to do so.
Answered on Jan 10th, 2013 at 11:58 AM
Richard hirsh
The reaffirmation agreement is not valid if it was not filed with the court prior to discharge. Accordingly, the lender cannot enforce the reaffirmation agreement and the debt has been discharged. Any threat or claim by the lender to recover money from you on that debt would be a violation of the discharge injunction in section 524 of the Bankruptcy Code.
Answered on Jan 10th, 2013 at 11:34 AM
Tax Problem Resolution Attorney serving Lake Oswego, OR
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THE WUHRMAN LAW FIRM
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If the reaffirmation agreement was never filed, it's ineffective. You appear to have lucked out (or God was watching out for you - however you'd like to view it).
Answered on Jan 10th, 2013 at 11:32 AM
Don't rely on your credit report to show what happened. The federal court website is www.pacer.gov and you should look at the entire record to be 100% sure. Even if a reaffirmation agreement was signed and filed with the court, unless the Court signed an order approving the reaffirmation, the agreement is no good. Many bankruptcy judges will not sign off on a reaffirmation on a home mortgage because they understand that to do this is not in your best interests.
Answered on Jan 10th, 2013 at 11:28 AM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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No they cannot come after you since the reaffirmation wasn't filed...it was unlikely to be approved unless the mortgage compant gave you a modificaiton anyway.
Answered on Jan 10th, 2013 at 11:27 AM