We failed to sign a reaffirmation agreement with our mortgage co. during our bankruptcy . Do we have any options ?

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We are in good standing with mortgage co. Our bankruptcy lawyer did not respond when ask.

Attorney Answers

3
Matthew Berkus ·
Options for what? You don't need a reaffirmation agreement and it is virtually malpractice for an attorney to recommend a debtor to reaffirm a mortgage debt, moreover, most bankruptcy judges won't approve the reaffirmation agreement.
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Matthew Hoenig ·
You can continue to pay off the home and sell it at some point and receive the equity. However the payments you make will not show up on your credit report. As the bankruptcy discharged your liability on the home, just not the lien. The only real option to received credit for those payments is to refinance. Talk to a good mortgage broker, they may be able to find a way to have those payments counted for mortgage purposes.
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Jay Nixon ·
One of the only advantages of reaffirming a mortgage on which you are current is that the bank will then more likely report your good payment history to the credit bureaus. To a limited extent, this can help you to rehabilitate your credit after bankruptcy, if your hope is to refinance or borrow for a new home in the future. Realistically, however, it probably will not make much of a difference, since few new mortgages are being approved these days for anyone with a credit score lower than 750, regardless of a past bankruptcy past. A FICO credit score of 750 is at least 100 points more than anyone with collection lawsuits or bankruptcy on their record is ever likely to have. Otherwise, I am not sure what sort of "options" you are asking about, other than paying off your loan as scheduled or attempting to pay it off through sale of your home eventually. If any answer on helps you, mine or someone else's, please mark it as "helpful" or "best answer" to help know which answers to show others. Answering this question does not make me your attorney, but you can post comments here for clarifications, etc. You can also see past answers to similar questions on at. View over fifteen years of past answers at http://www.attorneyqna.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. See 15 years of past answers at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixon . Answers may contain attorney advertising materials.
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