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How can I get my mortgage reaffirmed or bankruptsy discharged/ dismissed after Ch7 to get PNC to review for loan modification.

Hoffman Estates, IL |

I filled Ch7 and was discharged Aug 9. Mortgage was not reaffirmed because PNC attorney filed against it. I am behind on the mortgage and trying to get a loan modification but the bank says they cannot review my file unless I get my mortgage reaffirmed or bankruptsy gets discharged and dismissed. What can I do to save my home from foreclosure?

Attorney Answers 4


  1. I don't know what PNC is, but you cannot reaffirm a debt after your discharge has been entered. It would also be nonsensical for you to reopen your case to vacate your discharge and dismiss it just so you can enter into a reaffirmation agreement on your home. What your lender is telling you is utter rubbish. They can do a loan modification if they want to. The reality is: they don't want to. There is no requirement that the debt be reaffirmed--that only benefits them.

    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

    Legal disclaimer: Mark J. Markus practices law in California only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation.


  2. You cannot reaffirm the debt after you get a discharge. The cases normally close about two weeks after the discharge is issued.

    You can defend against the foreclosure in state court while you try and bnegotiate a modification or try and refinance the property.

    Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.


  3. I have had a lot of experience with PNC Mortgage. This company has been one of the most difficult in terms of loan modifications. There is nothing stopping them from offering a loan modification. Giving up your discharge on the hope that they will would be careless. With regards to what can be done to save your home, you need to take a close look at your income and expenses. If your cash-flow is so negative as to not be able to afford the mortgage you need to consider this. Beware of loan modification scams. Consult a local attorney.

    This answer in no way creates an attorney-client relationship. The answer is not a complete answer and requires additional facts in order to provide the best options. The submitter accepts the risk of relying on such an incomplete answer and waives any claims of damages for doing so. As stated in the answer the submitter should contact a qualified bankruptcy attorney is discuss these issues further before any action is taken. Any action taken without advise and counsel of a qualified attorney is inadvisable.


  4. I see this a lot. A bankruptcy case cannot be re-opened in this district to get a reaffirmation after the discharge was entered. However, PNC is incorrect as they can offer a loan modification even if the discharge was entered and you didn't reaffirm. Also, if you sign a loan modification then you may become liable on the note and mortgage once again. All of this really depends on your situation and how much you owe on the property and whether it makes sense to try for a loan modification. You can and should speak with a housing counselor in your area. The other options to stop the foreclosure would be to reinstate the mortgage by bringing it current, or a loan modification, or refinancing, but these options are probably difficult or impossible in your situation. Speak with a housing counselor. One bright point is that if you are significantly underwater on the home you won't be personally liable for the mortgage or mortgages because you didn't reaffirm. It sometimes makes much more sense to walk away considering that foreclosures in Illinois are so slow. Hope this perspective helps.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.

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