Chap 7 and Reaffirmation Agreement

Asked almost 4 years ago - Baton Rouge, LA

I filed chap 7 in may 09 and it was discharged in aug 09. In addition, i just received a letter from trustee that my case was closed. My mortgage company just sent me a letter wanting to reaffirm the debt.

Do i have to sign it. They have never asked or sent me a reaffirm agreement during the whole time i was in bankruptcy.

Attorney answers (2)

  1. Sandra Margaret Emerson


    Contributor Level 11

    Answered . You do not have to sign it. You must reaffirm a debt while you are in bankruptcy. Moreover, there's no reason for you to reaffirm -- if you remain current with your payments, the bank will not foreclose.

  2. Mitchell Paul Goldstein

    Contributor Level 20

    Answered . The law does not require reaffirming mortgages to keep real estate. No attorney that I know around the country would sign a reaffirmation agreement on a mortgage, at least not without concessions. Regardless, if it is not done prior to the discharge, it is not valid.

    [This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

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