I was told at the time by the bankruptcy attorney that I didn’t need to reaffirm the house. Didn’t realize at that time that I should’ve
You were advised properly when you filed. You did not need to reaffirm your mortgage and as long as you make the payments the mortgage company cannot foreclose.
DISCLAIMER: This message is intended as a general discussion of legal issues and not as a statement of fact, legal advice or a legal opinion. No attorney-client relationship is created by this message. Do not act or rely upon law-related information in this communication without seeking the advice of an attorney licensed to practice in the relevant area. I am a Federally Designated Debt Relief Agency under the United States Bankruptcy Code. I proudly help people in financial need file bankruptcy cases. IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).
Your bankruptcy attorney was correct. There is almost never a good reason to reaffirm a mortgage loan. And no, the bank can't foreclose as long as you keep up with your mortgage payments.
This reply does not constitute legal advice or establish an attorney-client relationship.
You were given good advice. You did not need to reaffirm the mortgage and the lender is not able to foreclose as long as you are making the payments. If you are being asked about a reaffirmation in the context of a refinance, it is likely a low-level person working off a checklist.
Law Office of Michael J. Primus We are a debt relief agency and help people file for bankruptcy under the bankruptcy laws. We have offices in California only.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline