What do I do now if I filed bankruptcy 3 years ago and thought my mortgage had been reaffirmed but have recently found out it was not?

Get Legal Help Today

 Secured with SHA-256 Encryption

What do I do now if I filed bankruptcy 3 years ago and thought my mortgage had been reaffirmed but have recently found out it was not?

I have continued to make my payments but credit report shows mortgage was discharged in bankruptcy. What are my options?

Asked on November 15, 2011 under Bankruptcy Law, Kansas

Answers:

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 9 years ago | Contributor

What options did you want?  You have the best of both worlds right now.  You get to keep your home if you maintain the payments, and have no further obligation in the future should you default on the payments and the property is sold for a loss. 

There's no way to do a reaffirmation agreement now, but if you want to be obligated on the loan and have it reported on your credit report, you can refinance the loan which would be a new contract.

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

bankruptcy blog: http://bklaw.com/bankruptcy-blog/

Follow Me on Twitter:  @bklawr

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 9 years ago | Contributor

What options did you want?  You have the best of both worlds right now.  You get to keep your home if you maintain the payments, and have no further obligation in the future should you default on the payments and the property is sold for a loss. 

There's no way to do a reaffirmation agreement now, but if you want to be obligated on the loan and have it reported on your credit report, you can refinance the loan which would be a new contract.

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

bankruptcy blog: http://bklaw.com/bankruptcy-blog/

Follow Me on Twitter:  @bklawr


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption