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?
Chapter 7 Bankruptcy Attorney
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.
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.
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.
Criminal Defense Attorney
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.
Family Law Attorney
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.
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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.
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