if i filed for bankruptcy but didn’t sign a reaffirmation agreement, how do I get a coupon book from my mortgagee?

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if i filed for bankruptcy but didn’t sign a reaffirmation agreement, how do I get a coupon book from my mortgagee?

I just have a few questions that I need help with as my attorney I had is not longer practicing. When I filed 4 years ago everything is fine and I was discharged. I’m a bit frustrated as I had paid him to make sure everything was done correctly and now I am finding this out. However, my mortgage company states that I did not sign a reaffirmation form, therefore, I am unable to receive my coupon book to make my payments each month. If I currently have my home up for sale, by me not having this form signed will this affect the sale of my home?

Asked on April 17, 2014 under Bankruptcy Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

1) If did not sign a reaffirmation agreement, you did not reaffirm.

2) Not only would the lender not have to give you a coupon book, but they would be entitled to foreclose on your property if you never affirmed and there was a default--though if you in fact paid any arrears and cured the default in the interim, they will be unable to do this and in this case, you should now be able to get a coupon book. (But if you never paid off the arrears and/or never kept current after that, that will not be the case.)

3) In the even that you are still in default, either due to never having reaffirmed or because you subsequently fell behind again, then this may impact your ability to sell--particularly if the lender files a lis pendens or institutes a foreclosure action.


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