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I filed a chapter 7 bankrupty in 2009. I have noticed my mortage co is not reporting my payments to the credit bureau.

Monroe, MI |
Filed under: Chapter 7 bankruptcy

They said I need to file a reaffirmation. Can you explain to me what I have to do. Thanks

Attorney Answers 6

  1. You don't need to do anything, and it is too late anyway. You didn't reaffirm, and you still have your house and are making payments. Keep up with your own payment history.

  2. Mr. Riddle is correct that it is too late to reaffirm the debt because the statute provides that a reaffirmation agreement must be entered into before discharge. At least here in Oregon, the judges refuse to allow the reopening of a case for the purpose of vacating a discharge, filing the reaffirmation agreement, and then obtaining a new discharge.

    My understanding of lenders' reasoning in not reporting post-petition payments to the credit reporting agencies is that the debtor might try to claim that such reporting violates the discharge injunction of Section 524 of the Bankruptcy Code.

  3. The time to file a reaffirmation agreement has come and gone. You needed to file that before the case discharged out. You can't make the mortgage company report it to your credit report.

  4. I will bet they did! You can't get accurate information from a customer service rep at your mortgage company and you should have spoken to your bankruptcy lawyer. Because of the bankruptcy discharge, mortgage companies no longer report any information about your mortgage to the credit bureaus. Technically, you owe $0 on your mortgage, although you will lose the property through foreclosure if you don't pay. A reaffirmation is an agreement that you sign stating that the bankruptcy won't apply to your mortgage - which is a big risk. This reaffirmation must be submitted to the bankruptcy court for approval before you receive your discharge. After the discharge, it is too late. Most bankruptcy lawyers, and many bankruptcy judges, will not get on board with the reaffirmation of a mortgage loan because the risk is too high & the benefit you get is too small. There are plenty of other things you can do to rebuild your credit after bankruptcy. I published a 10 part series on this topic and these articles are scattered in the list of my other articles at the link below. Hope this perspective helps!

  5. Attorney Bunce carefully and thoroughly answers the legal issues on that subject and thus no reason to attempt to repeat. However, and this may be on one of her cites, you can obtain a yearly copy of the payments from the lender, and can keep your own records, and then send to the credit reporting bureas yearly and ask that it show the payments were made monthly and timely and not late (assuming they were paid on time) . The lender will not contest and they know it was paid correctly as you indicate and they may be afraid of violating the stay as Attorney Bunce indicates too! Most attorneys never do a reaffirmation, and I rarely do but have done so in the right situation. Good luck.

  6. This is a surprisingly complicated issue and a frustrating one for many folks. Feel free to call to discuss it and I will do my best to explain it to you.

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