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    Question Please

    Several years ago I filed a chapter 7.......then 3 years ago I filed a chapter 13

    How do you know if you re-afirm a mortgage? I never signed anything so I thought. Now in the mail i received a 1099A saying what was owed and then waht the fair market value is and how they are saying that I am responsible for the diffrence. I already sent my taxes in and just received this letter dated March 28, 2011 on April2, 2011. Could they have waited any longer before they the letter. Now it went to the IRS. How do you know if you signed anything to re-afirm your mortgage when you filed the chapter 7?

    #2
    You are not responsible for the taxes owed on the deficiency. Have your tax preparer file an amendment to your 2010 return with the form 982. (You will state you were insolvent). As far as reaffirmation, take a look at the package of papers that you have from your 3 year old filing. If you signed anything you should have been given a copy. If you don't have the papers you can sign up for PACER and go through your case there to see if a reaffirmation was filed.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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