How can I reaffirm my mortgage after chapter. 7 discharge of non-secure debt? Never been late in 13yrs!
Derry, NH |
Bankruptcy lawyer neglected to reaffirm. UGH! Now, the mortgage company is not giving me credit for paying the mortgage to the credit bureaus. I understand I claimed bankruptcy but reestablishing credit is in my best interest now.
I hope you do not mean the legal process called "reaffirmation" in which you agree to make every payment om the mortgage and interest forever without regard to the value of the property or anything else. This is NOT recommended and I'm hoping your lender is not using reaffirmation as a mechanism to refuse to recognize legitimate payments received . If you are not being given credit by either the lender or the credit reporting agency, there are different problems - that is a false report by a credit reporting agency and may be fraud by the lender for providing false information to a credit reporting agency. Either is a violation of the Fair Credit Reporting (federal) statute as well as undoubtedly some statutes in New Hampshire.
Strong-arming borrowers into agreeing to something as draconian as reaffirmation may be some sort of violation of the Bankruptcy Code and the courts examine reaffirmations and have been known to deny them when lenders misuse the process. You have a right to get credit for payment made whether or not you filed a bankruptcy. You also have a right to have accurate information given to credit reporting agencies (Experian, etc.) and to have accurate reports made by the credit reporting agencies. Reaffirmation is not the answer to your problem here. Go thank you lawyer for not doing a reaffirmation and then ask if they will write letters under the Fair Credit Reporting statues demaning accurate information be put into your credit report.
Lysbeth Goodman is an attorney licensed in the state and federal courts of California. This answer is for general information only and does not create an attorney client relationship between Lysbeth Goodman and any other person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
Although you may believe your bankruptcy attorney was neglecting you by refusing to encourage you to reaffirm your mortgage debt, s/he actually did you a big favor. There are less risky ways to rebuild your credit after filing bankruptcy than reaffirming a mortgage debt which does you absolutely no good whatsoever.
There is just under a bizillion legal guides here on AVVO on credit rebuilding after bankruptcy & I would urge you to seach & check them out.
1. Once the case is discharged, you cannot reaffirm.
2. There is no reason to reaffirm real estate. You can retain and pay.
3. File a Qualified Written Request with the lender for information that you need on the mortgage AND dispute the information on your credit report with the credit bureaus.
Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.
I would contact your BK attorney and ask him to contact the lender on your behalf. Typically there are forms that need to be completed in order to reaffirm. If the debt was discharged in the BK already you may be able to renegotiate the terms. Also if the debt as discharged that may be why they are not crediting your payments with the credit bureaus. There may be no active account left to report on.