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What will happen to the mortgage loan I have with my mom in a Chapter 7 bk?

Redlands, CA |

I filed bankruptcy individually. The judge did not approve my reaffirmation on the mortgage. My mom is on the loan with me. I plan to make the payments. Will we be able to refinance at all with it showing it was included in discharge?

Attorney Answers 3


Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Bankruptcy does not discharge secured debts. It would be more difficult for you to refinance, in light of your bankruptcy filing. Be sure to consult your own attorney to protect your legal rights.

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Brian Crozier Whitaker

Brian Crozier Whitaker


Whether a debt is secured or not has no bearing on whether it is dischargeable.


You can still refinance. Obtaining a reaffirmation is not a requirement to refinance. Some lenders could use this as a reason for denial but if you shop around enough and explain the situation you should find a lender that you can refinance with. Reaffirming the mortgage re-establishes your personal liability, i.e. a contract that you promise to make all future payments. A refinance essentially does the same thing where it will re-establish personal liability because you are signing new loan documents. Please contact me if you have any questions.

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You don't want to reaffirm your mortgage, just keep making the payments. If, at some time in the future, you qualify for a refi, the lack of a reaffirmation will not be a factor. Real estate lenders will not withhold financing because of the lack of a reaffirmation agreement. Your biggest factor is the existence of a bankruptcy on your record. After 2-3 years past the discharge, you should be able to apply. Good luck.

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