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What documents does a mortgage lender need from the home owner to reaffirm a mortgage in a chapter 7 BK in AZ.?

Phoenix, AZ |

My attorney withdrew from my case prior to discharge on my BK7, How do I know if the mortgage was reaffirmed? I did not receive any documents from the lender specific to a reaffirmation agreement, does the lender or Bk court need to have the debtor acknowledge reaffirmation agreement? I have no idea what agreements my attorney made with my mortgage company and my BK should discharge soon. How do I find out reaffirmed or not?

Attorney Answers 5


  1. Best answer

    In order to get a reaffirmation agreement, 1 of 2 things must happen: after signing the agreement must be signed by your attorney and approved by the court or it must be approved by the court.

    You can always check pacer or contact the clerk of the court.

    Most of the time in Arizona, reaffirmation agreements are not even provided by the creditor/lender.

    If you call your lender, they can tell you.

    Good luck,

    Jim Webster

    If you live in Arizona, please contact me for actual advice; this is just speculation. It certainly is not legal advice. I don't have enough information to give actual legal advice. I can only take the limited information presented and provide a idea of what you might do and how it may turn out.


  2. If you did not see or sign a reaffirmation agreement, there is no (valid) reaffirmation agreement. Your lawyer does not make the agreements. Unless you discussed it with your lawyer, and full y understood it, you should not have signed one anyway. You can call or visit the clerk's office to see what is filed.


  3. The simple answer to your question is to ask your attorney. You would have had to sign the agreement so if you have not done so and the court has not approved it then no agreement exists.


  4. Creditors prepare reaffirmation agreements, NOT your attorney. You don't need to do anything - if they send you one they send you one. Often, morgage banks are so BIG they just don't prepare one as the right department never gets the info about the bankruptcy.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.


  5. You hired your bankruptcy attorney to assist with bankruptcy matters, therefore they need to do so. Assuming you were being cooperative I am at a loss why your attorney would withdraw prior to the entry of the discharge. Contact that attorney and ask for clarification. If they will not respond then contact the State Bar of Arizona - 602-252-4804. Explain your situation and they will contact your attorney.

    As to your question about reaffirming a mortgage (deed of trust), that depends on many factors. Such as the number of mortgages and if they were purchase money obligations. In Arizona the norm is for the debtor not to sign a reaffirmation agreement on their home. If they want to keep the home then just keep paying the debt(s).

    My best to you.

    This firm is in the business of helping people and companies file for bankruptcy protection. Therefore, the bankruptcy code requires that we call our firm a "debt relief agency." This information is provided for general information purposes only and is not intended to be a legal opinion, legal advice or a complete discussion of the related issues. Nor is this advice intended to create a client - attorney relationship. Every individual's factual situation is different and you should seek independent legal advice from an attorney familiar with the laws of your state or locality regarding specific information.

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