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    Reaffirmed Mortage shown as discharged

    I pulled a free credit report and was surprised to see my 1st mortgage being reported as discharged through bankruptcy in October. We signed a reaffirmation and our attorney signed it as well. How do i get this corrected?
    6/30/2009 Filed Ch. 7
    10/06/2009 Discharged
    01/24/2011 Closed

    #2
    When was the reaffirmation signed? My mortgage company said it would take 60-90 days after signing the reaffirmation for it to update on our CR.

    If nothing else just call your mortgage company and ask them what their rules are.
    4/09 Converted to a Ch 7 due to loss in dh's income
    5/09 UST now involved no idea what happens next
    7/09 UST has decided to withdraw his motion to dismiss!
    7/27/09 DISCHARGED!!!

    Comment


      #3
      It was signed 8/12/2009. My attorney sent me a copy of the signed reaff on 9/4/2009 via e-mailed pdf.
      6/30/2009 Filed Ch. 7
      10/06/2009 Discharged
      01/24/2011 Closed

      Comment


        #4
        Then call your mortgage company and ask them. I called and just told mine that we signed a reaff on such and such date and that we were really hoping to get our CR updated to show that.

        Good Luck!
        4/09 Converted to a Ch 7 due to loss in dh's income
        5/09 UST now involved no idea what happens next
        7/09 UST has decided to withdraw his motion to dismiss!
        7/27/09 DISCHARGED!!!

        Comment


          #5
          You are in a grey area, unless the reaffirmation includes a clause about continuing to report the mortgage on your credit report; there is a dispute about whether the lender must do so.

          First, contact the mortgage company (for all the good it will do), and see if you can get it taken care of that way. If not, then you need to dispute the entry through the normal course with the credit reporting agencies.
          Last edited by HHM; 01-10-2010, 11:27 AM.

          Comment


            #6
            Originally posted by aces67 View Post
            Then call your mortgage company and ask them. I called and just told mine that we signed a reaff on such and such date and that we were really hoping to get our CR updated to show that.

            Good Luck!

            Did your call fix the problem?
            6/30/2009 Filed Ch. 7
            10/06/2009 Discharged
            01/24/2011 Closed

            Comment


              #7
              update

              I called my lender's BK dept this morning. They stated that they never received the reaffirmation agreement. The BK dept at the lender stated that my "case" was still open. I informed them I was discharged. I have sent an e-mail questioning my attorney on this.

              My plan is/was to possibly refinance this in 2 years via FHA. I wonder how this will effect that?
              6/30/2009 Filed Ch. 7
              10/06/2009 Discharged
              01/24/2011 Closed

              Comment


                #8
                Mine said that also with a mortgage I 'thought' was reaffirmed. Had my signed papers, but not their signature ones? They said they 'never received them' but i hear from my attorney this happens ALOT.

                So, i am not re-affirmed even tho i thought i was. Must make on time payments.
                Don't take my word for it, I'm just sayin'

                Comment


                  #9
                  Originally posted by hamburgervol View Post
                  I called my lender's BK dept this morning. They stated that they never received the reaffirmation agreement. The BK dept at the lender stated that my "case" was still open. I informed them I was discharged. I have sent an e-mail questioning my attorney on this.

                  My plan is/was to possibly refinance this in 2 years via FHA. I wonder how this will effect that?
                  Was the Reaff ever filed and signed by the BK judge.
                  Last edited by HHM; 01-11-2010, 04:51 PM.

                  Comment


                    #10
                    When I called they updated everything but in our case they did receive the reaffirmation and it got filed before our case was discharged.
                    4/09 Converted to a Ch 7 due to loss in dh's income
                    5/09 UST now involved no idea what happens next
                    7/09 UST has decided to withdraw his motion to dismiss!
                    7/27/09 DISCHARGED!!!

                    Comment


                      #11
                      Originally posted by HHM View Post
                      Was the BK ever filed and signed by the BK judge.
                      I'm discharged but not closed yet. My attorney signed the reaffirmation.
                      6/30/2009 Filed Ch. 7
                      10/06/2009 Discharged
                      01/24/2011 Closed

                      Comment


                        #12
                        Originally posted by hamburgervol View Post
                        I'm discharged but not closed yet. My attorney signed the reaffirmation.
                        I meant to ask, was the reaff ever filed with the court and signed by the judge.

                        Comment


                          #13
                          Originally posted by HHM View Post
                          I meant to ask, was the reaff ever filed with the court and signed by the judge.
                          I see no record of it on Pacer. Should my attorney have sent it to the courts or the lender's attorney?
                          6/30/2009 Filed Ch. 7
                          10/06/2009 Discharged
                          01/24/2011 Closed

                          Comment


                            #14
                            It needs to go to the lender to sign.

                            Honestly, this is not a big deal. It is probably better that you did not reaffirm the mortgage. I wouldn't worry about it; your credit will recover in the same amount of time, regardless.

                            Comment


                              #15
                              Originally posted by HHM View Post
                              It needs to go to the lender to sign.

                              Honestly, this is not a big deal. It is probably better that you did not reaffirm the mortgage. I wouldn't worry about it; your credit will recover in the same amount of time, regardless.
                              That's pretty much what I was thinking. I just hate that it won't be reported to the credit agencies. I do have a new auto that is reporting so that will help.

                              After pulling my credit, I realized now I'm almost debt free now.(according to my CR)

                              In the event I do refinance in 2 years, how will FHA determine my payment history? My bank statements would be proof.
                              6/30/2009 Filed Ch. 7
                              10/06/2009 Discharged
                              01/24/2011 Closed

                              Comment

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