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Did I really reaffirm my mortgage?

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    Did I really reaffirm my mortgage?

    I filed Chapter 7 back in 2010. Discharged at the end of August that year. I reaffirmed both a car and the mortgage on the house - at least I think I did. I did fill out a bunch of paperwork for Carmax, but did no paperwork whatsoever for NavyFCU on the house. The only thing that was done was marking a box on the Bankruptcy filling that we were reaffirming on the house.

    The mortgage is still being shown on my credit report.

    Does the lack of any paperwork being done mean that it wasn't reaffirmed? I'm pretty sure the mortgage was not listed in the accounts that were discharged.

    #2
    In order to reaffirm a debt, you and the lender have to sign a reaffirmation agreement and the agreement has to be filed with the court along with a declaration by your attorney that reaffirming isn't an undue hardship for you. If your attorney won't sign a declaration, then the judge has to approve the reaffirmation.

    If you are a member of PACER, check to see if a reaffirmation agreement was filed with the court.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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      #3
      There is a check box in your paperwork that you 'check' if you intend to reaffirm. That doesn't always get followed up on by the filing of the paperwork that LadyInTheRed is talking about.

      There are many, many posts here by people who have checked the box indicating that they intended to reaffirm the loan(s) in question, and then changed their minds, or never followed through.

      Good wishes to you!
      "To go bravely forward is to invite a miracle."

      "Worry is the darkroom where negatives are formed."

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        #4
        I don't believe there is a list of discharged debt - at least there was not when I filed ch. 7 in 2005. All dischargable debt gets discharged - unless reaffirmation paperwork is properly signed/filed with the court. Check with your attorney or with the paperwork that is part of your case (PACER as suggested) and see if there was a reaffirmation on your mortgage.
        ~Staci
        Not an attorney, and never played one on tv. My responses are based on my own experiences & personal opinions.)

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