My attorney failed to file the reaffirmation agreement on my mortgage

[Crash4444]

I signed reaffirmation agreements for both my auto and my mortgage, my attorney told me if I wanted to keep my house and car I needed to sign them. My BK 7 was discharged on 4-24-13. Mine is an asset case (tax refund) proposed disbursements just released with a 21 day to dispute, so case is not closed yet. Anyway the car was easy 5 payments left, $20k in equuty I was never late and they are reporting my history on my CR, still shocked that the trustee alliwed me to keep my car. My mortgage is with Wells Fargo, they sent me an agreement, I signed and they also signed, sent it to my attorney. While trying to get them to correct my CR they told me they won't update until my case is closed not discharged, so currently showing $235k as IIB, while speaking with them they checked Pacer and told me the agreement was never filed, and most likely is void because my case was discharged. I contacted my attorney who then filed the agreement as I confirmed on Pacer. While speaking with the trustee I pointed this out and he said he agrees with Wells Fargo. Now it sounds like this might be a blessing for me, I have never been late on my payments. Long story, but where does this leave me? Wells is not reporting my payment history, and shows I a $235k balance gone, how is that affecting my credit score, and am I at any risk. I live in Utah if that matters. Trying to reach my attorney with no luck.
Thanks

[justbroke]

Well, I would be very careful about when a reaffirmation agreement is "filed". The bankruptcy code only reads that the reaffirmation agreement must be "entered into" prior to discharge. There is nothing in the code which reads that it must be "filed" prior to entry of the discharge order (that is only found in the rules). If your attorney signed it prior to the discharge, then it is an active reaffirmation agreement.

The interesting thing is whether the reaffirmation agreement is enforceable. Since it has been months since it was filed (and your discharge date), it would be an interesting turn of events if the creditor sought to enforce the agreement. Hopefully your bank agrees that the reaffirmation agreement is non-enforceable, but if they later re-open the case, it could get interesting.

The IIB is affecting your credit score LESS than the fact that you filed bankruptcy. In fact, the IIB will affect you much less in 2 years than the bankruptcy. In 7 years, the IIB will fall off, but the Chapter 7 bankruptcy will remain until year 10. I would not worry about the affects of the IIB credit reporting.

I can't wait to read what your attorney tells you. (It would be nice that this was a fortuitous mis-filing of a reaffirmation agreement!)