Terrorized by mortgage company

[BK Nightmare]

My Bk was discharged on10/25/06, but is still open because proceeds from the sale of property has not been disbursed to my creditors yet. When I filed for BK I stated my intent was to reaffirm my mortgage. I thought that was my right, but apparently not so. It seems the mortgage company was suppose to come back with a reaffirmation offer, which they did not and consequently, the loan was discharged. The problem is the mortgage company. For the past six months my mortgage payment was $4,100 (10.125%). It is only $3,700 (9.35%) now. I have tried to negotiate with them, but they will not negotiate. They will not report my on time payments to the credit bureaus because it was discharged and I'm having difficulty refinacing because my credit does not show the payments. In the meantime, I can only work part-time because my husband is totally disabled (reason for the bankruptcy) and I have to take advances on my salary to make these ghastly payments. Can anyone tell me why I did not have the right to receive a reaffrimation offer and/or negotiate this loan prior to discharge? I live in terror of not being able to make these payments because losing my home is not an option as it handicapped accessible and there is no where else I can go.

[justbroke]

How was your attorney at pursyuing the Re-Affirmation agreement? The Debtor's Attorney must pursue this and make sure it gets done. If you don't pester the Banks... well...

Depending on which District you're in, they do different things. I'm not good with re-affirmations and most parts of the Chapter 7 code. (I'm a Chapter 13 case myself.)

I did read a little on them before (when I was considering a 7, but don't qualify for one). Are they still not wanting to re-affirm? Are you talking to the right department? Ask and speak only to the "Bankruptcy" Department at the Bank/Servicer.

Most "Collections" and regular customer service departments, won't discuss that with you. I'm going through something similar with a Modification. The regular servicing department said that I have to go through the Bankruptcy Department and get their approval first.

Of course, this can differ from Bank to Bank.