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  1. #1

    Default Reconfirming or Reaffirming After Bankruptcy is Closed

    I live in washington State.

    Here is my situation. Two years ago my husband and I got in financially over our heads. We filed for bankruptcy, and we have had it done and over with for 2 years. We learned our lesson, and we have stayed debt free, the only thing we owe is the mortgage on our house. But here is where the problem begins. My family and I need to move, our neighborhood has become increasingly unsafe so this is extremely important. I contacted a mortgage broker, and when he ran my credit check, he informed me the mortgage lender was not tansmitting records of my payments to the credit burea.This is really a problem since it basically causes me to have no credit (I have not opened any credit cards, or financed anything since the bankruptcy-I was trying to avoid it). After talking with the lender, they told me it was because I never signed any reaffirmation papers. I asked what I needed to do, and I was told to contact my lawyer. He said once it has been reaffirmed they can transmit the payment information to the credit bureau. I tried contacting my lawyer, and she won't even get on the phone. Her secretary keeps giving me the run around saying that they never reaffirm, and it is impossible for them to do anything, and if they did, it would cost me a ton of money. I am really upset. I repeatedly told the lawyer we wanted to keep our home and we had no intentions of ever not paying the mortgage, I even explained how worried I was about what would happen to our house during the bankruptcy. I was NEVER asked if I wanted to reaffirm any debt, I did not even know it was an option. I was not aware that this could happen. By not having these payments transmitted to the bureau, it makes it impossible for me to show proof that I make current and timely payments, I have no credit score, and everything is based on that number. My question is, is there any way that I can reaffirm my mortgage debt this long after the bankruptcy has been closed? I am desperate. Any help is appreciated. Thank you.

  2. #2
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    Default Re: Reconfirming or Reaffirming After Bankruptcy is Closed

    Your principal options are to (a) hire a different lawyer to help you, or (b) tell the lender that you are no longer represented and wish to proceed without counsel (and see if they cooperate). The lender probably has a form reaffirmation agreement that it uses, but is reluctant to deal with you directly on a matter for which you were previously represented by counsel.

  3. #3
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    Default Re: Reconfirming or Reaffirming After Bankruptcy is Closed

    Its too late for reaffirmation. The BK is closed.

  4. #4
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    Default Re: Reconfirming or Reaffirming After Bankruptcy is Closed

    It's too late to reaffirm in bankruptcy, but they can still voluntarily reaffirm after bankruptcy. The lender would be justifiably wary of this, given that they likely wouldn't want to create any appearance that they initiated reaffirmation after discharge or that they violated state or federal collections laws.

  5. #5
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    Default Re: Reconfirming or Reaffirming After Bankruptcy is Closed

    Quote Quoting Mr. Knowitall
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    It's too late to reaffirm in bankruptcy, but they can still voluntarily reaffirm after bankruptcy. The lender would be justifiably wary of this, given that they likely wouldn't want to create any appearance that they initiated reaffirmation after discharge or that they violated state or federal collections laws.
    I get that. But, the problem is that the BK is over, and the lender and the credit bureaus wouldn't want to post ANY additional information, positive or negative.

    I can see a situation (not necessarily this OP) in which the client starts making late payments, and it affects his credit after BK.

  6. #6

    Default Re: Reconfirming or Reaffirming After Bankruptcy is Closed

    Pull out your paperwork, contact the lender and tell them that the bankruptcy is closed but since you never signed anything with them, you now want to sign reaffirmation paperwork or whatever type of paperwork they have that is close to this so that you can get them to send in that information to the credit bureau and also, once they say their going to do it, get it in writing.

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