Posted on: 11th Jan, 2010 02:45 pm
[I recently had a Chaper 7 Bankruptcy discharged & soon after, stopped receiving my Monthly Statements on my 1st & 2nd. They were not included in the BK & are both Current. I was told by Citimortgage that I should of filed a Re-affirmation & did not know what they meant & they said it was my Attorney's responsibility to have informed me, which he did not.
They said it was too late, after being discharged & would stay in the Bankruptcy status & that I would not receive Statements, nor have any online access, & not be reported on any Credit Reports. I am so confused as I do not know why I even hired an Attorney, & they suggested to re-open the Bk, costing more money to get this affirmation done. What advice do you have? What are the disadvantages & or advantages of re-affirming or not?
They said it was too late, after being discharged & would stay in the Bankruptcy status & that I would not receive Statements, nor have any online access, & not be reported on any Credit Reports. I am so confused as I do not know why I even hired an Attorney, & they suggested to re-open the Bk, costing more money to get this affirmation done. What advice do you have? What are the disadvantages & or advantages of re-affirming or not?
hi jholder!
welcome to forums!
in a chapter 7, you'll have to include all your debts and obligations. i guess that both the first and the second mortgage were included in your bankruptcy. if you intended to keep the property, then you should have signed the debt reaffirmation agreement with the lender. this would have made you personally responsible for the loan. thus, after the bankruptcy discharge, once you made the payments, the lender would have reported it to the credit bureau and would have also given you the statements.
now that you've not reaffirmed the mortgage, you'll have to re-open the bankruptcy and sign the agreement in order to save the property.
feel free to ask if you've further queries.
sussane
welcome to forums!
in a chapter 7, you'll have to include all your debts and obligations. i guess that both the first and the second mortgage were included in your bankruptcy. if you intended to keep the property, then you should have signed the debt reaffirmation agreement with the lender. this would have made you personally responsible for the loan. thus, after the bankruptcy discharge, once you made the payments, the lender would have reported it to the credit bureau and would have also given you the statements.
now that you've not reaffirmed the mortgage, you'll have to re-open the bankruptcy and sign the agreement in order to save the property.
feel free to ask if you've further queries.
sussane