Can we amend an 8-year-old bankruptcy to include a reaffirmation of our mortgage?
Question Details:
Our bankruptcy was discharged in 2002. We were under the impression that we had signed a reaffirmation on our mortgage as our lawyer asked us to sign those forms. Our lawyer is unfortunately deceased. No such agreement can be found and the mortgage company refuses to release our payment record which is preventing us from refinancing the house. Can we amend the bankruptcy to include a reaffirmation of the original mortgage at this late date?
You definitely cannot reopen the case to file a reaffirmation agreemen retroactively. By statute, in order to be valid, the reaffirmation agreement must be filed prior to your discharge being entered. However, it is virtually nevery necessary to reaffirm mortgage debt, unless your state has bizarre rules on that. The refusal of your bank to release the payment records sounds like a violation of the post discharge injunction of 11 USC 524 for which sanctions are availble for contempt of court. You should consult with an attorney in that jurisdiction to send a strongly worded letter, and be ready to follow up with legal action if necessary.
