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  1. #1
    Join Date
    Oct 2011
    Posts
    1

    Default Judge Denied Reaffirmation of Mortgage

    My question involves malpractice by a lawyer in the state of: New Jersey. Two and a half years ago I filed for ch. 7 bankruptcy. It was discharged in 2009. At the time, I stated to my attorney that I wanted to reaffirm the debt on my house and car. The house had a mortgage in two names not married. The lawyer assured me that this was possible. The judged denied reaffirmation of the mortgage. This leaves me not responsible for the debt but has put the burden on the other party. I would like to know if I have any recourse as to this action which I believe was not legally or morally just with regard to the attorney and the judge. I had the means to pay my half of the mortgage at the time.
    We have been paying the mortgage regularly but would like to move on and now the debt is solely the responsibility of the other party and since the decline in the housing market way above the means to pay or sell to get out.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Bankruptcy

    What reason did the judge give you for the denial?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Judge Denied Reaffirmation of Mortgage

    What's the problem? If you want to be responsible for the debt despite the discharge, nothing is stopping you from paying your 'share'.

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