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Company Loan Type APR Est. Pmt.

No reaffirmation of mortgage after bankruptcy

Posted on: 10th Nov, 2009 06:57 am
we filed a non-comsumer debt chapter 13 bankruptcy in march and stated that we wanted to reaffirm our mortgage agreement with our lender. we never did any paperwork regarding this, but have made every payment on time and will continue to do so. the mortgage company states that the home was discharged and we are not obligated to pay the debt. we want to keep our home and plan to keep on making payments. can the mortgage company do anything to cause us to lose our home?
Your first call should be to the attorney who handled your bankruptcy. He will let you know exactly where you stand.
If the lender is accepting your payments you might be OK but you need to get your bankruptcy attorney's help.
Posted on: 10th Nov, 2009 08:11 am
My attorney feels that we are in a great position because we can leave if we have to (but we won't), plus the principal is going down and we are entitled to the lein once we pay it off or sell it. The only potential negative is that is doesn't reflect on our credit report.

We also had a HELOC and that was written off due to the discharge of the 1st mortgage. It would be reinstated if we did teh reaffirmation of the 1st mortgage. I like it much better this way!!
Posted on: 10th Nov, 2009 08:48 am
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