I file bankruptcy in 2010. I found out after my discharge that my attorney did not reaffirm my home loan.

Bankruptcy and Debt 2 views 3 answers
I make by payments, but they don't show up on my credit report which I am trying to re-billed. Is there anything I can do? Plus Wells Fargo Financial stopped sending my statements on my 2nd. When I inquired, they say they are working on sending people who filed bankruptcy their statements. And they made it where I am only paying on the principal nothing on the interest. At tax time I got screwed royally. Is there anything I can do?

Attorney Answers

3
Robert A. StumpfBankruptcy AttorneyStaten Island, NY ·
If your attorney did not make you reaffirm a home loan, your attorney did you you a huge favor. 1) Your credit can be rebuilt in ten different ways. 2) If you are paying principal only, that means you are currently paying zero percent interest. This makes you unhappy? 3) You can walk away from this contract anytime you want. You are in the driver's seat. And if the price of this are no statements from Wells Fargo, pffft. They have a little picture of a stagecoach on them. You are not missing anything. I actually think this is usually such a good deal for the debtor, that it might possibly be malpractice for an attorney to suggest his clients reaffirm a mortgage. Or that's what my experience in NY has been.
0 upvotes
David Wiese ·
In 13 years of practicing only bankruptcy I've never advised anyone to reaffirm a mortgage. I've also never heard anyone complain about not doing it. The fact you didn't reaffirm the debt has nothing to do with any "screwing" you received at tax time.
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Deborah Bowinski ·
If they are applying your payments to principal only that means you will own your home in one third or one half the time than otherwise. I can understand that it might creat an unpleasant surprise tax time the first year, but you can adjust your withholding to take care of it in the future. Nothing to be pisses off about - it puts you in a MUCH better position as far as actually owning your home one day. As has been stated already, in my opinion if an attorney encourages or signs off on a mortgage reaffirmation agreement (or almost ANY reaffirmation agreement) it can be tantamount to malpractice in many instances. Count your blessings!
0 upvotes

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