Mortgage lender did not reaffirm loan 4 years ago but has excepted payments. Do they still have the right to except payments without reaffirming debt

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Mortgage lender did not reaffirm loan 4 years ago but has excepted payments. Do they still have the right to except payments without reaffirming debt

My wife and I filed bankruptcy and thought that we reaffirmed our home loan. We have looked into it and it appears thatthe lender never mailed our re-affirmation letter back to the courts so there is no record of reaffirming the loan. For the last 4 years since the bankruptcy the lender has still excepted payments but not reported it to the credit bureau. What rights do we have? Did they have the right to accept payments without re-affirming the loan? Do we have any obligation to the loan because it shows that it was discharged through bankruptcy on our credit report?

Asked on May 17, 2009 under Bankruptcy Law, Wisconsin

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Well, usually it is the debtor who reaffirms the debt and the lender reaffirms its acceptance of those debts.  Are you in bankruptcy now? What does your credit report show?

If the lender has ACCEPTED payments for the past 4 years, what is the status of each payment on your credit report, or does it only show bankruptcy? 

If it was discharged through bankruptcy, how comes you still have the house? The lender basically went around and said if you want to stay you have to pay.  So...you need to do the following:

1. Call and file a complaint against your lender or servicer through the Wisconsin Dept of Financial Institutions.  http://www.wdfi.org/fi/mortbank/


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