What are my options im caught in the middle

Asked over 5 years ago - Wilkes Barre, PA

here is my situation i filed for bankruptcy in 2008 it was discharged in oct 2008 the problem is i did a reaffirmation with my mortgage company but my lawyer never filed it with the court but neither did the mortgage company both are telling me that they are not responsible now it is say march 2009 and im not receivin my statement and they are not reporting to the credit companies for me or my wife and she did not claim bankruptcy just me im caught in the middle and dont know what i can .

Attorney answers (2)

  1. David J. Harris

    Contributor Level 8

    Answered . I'm glad that you did not reaffim your mortgage obligation. The Bankruptcy Code does not require that you reaffim a mortgage obligation and, in my mind, it would have been very bad advice for an attorney to suggest that you do so because, if you fail to stay current down the road after your bankruptcy case is over, you'd still be personally on the hook to pay your mortgage note.

    You seem to have a concern about getting monthly statements. This can be resolved simply by writing to the mortgage company and asking that it to provide statements to you. There are numerous techniques that a lawyer can use to persuade a mortgage company to issue statements to a debtor who did not reaffim his or her mortgafe debt in a bankruptcy filing.

  2. David G. Weilbacher, Esq.

    Contributor Level 15

    Answered . As long as the payments are being made it shouldn't make a difference. Since your wife did not file, there is no issue with the bank communicating with her. Simply have her ask that they be sent.

    Disclaimer: I am not offering legal advice, assume I do not know the law in your state and that I am just making suggestions for starting points for when you do speak with an attorney. Do NOT rely on anything I write and contact a lawyer in your area immediately after reading my posting.

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