If I work for a lender and a client that I am currently refinancing did not re-affirm his mortgage in the process, is there a way to do it now without reopening the old bankruptcy case?

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If I work for a lender and a client that I am currently refinancing did not re-affirm his mortgage in the process, is there a way to do it now without reopening the old bankruptcy case?

Asked on December 29, 2014 under Bankruptcy Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can't retroactively re-affirm the mortgage during the bankruptcy case if the case has been resolved, but you also don't need to do that: an affirmation of a mortgage is nothing more than the borrower's agreement to honor the mortgage. The borrower can now "re-affirm" the mortgage by agreeing to honor it, in exchange for the bank/lender not foreclosing (which otherwise they could do, if the borrower [presumably] was in default on the mortgage).


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