WebRecently, some Chapter 7 clients have called and asked to reopen their case, even if they received a discharge years ago, in order to file a reaffirmation agreement with their … WebBut, you must violate that mortgage to trigger the foreclosure right. So Chapter 7 only impacts the note, their right to demand payment from you. Absent a reaffirmation agreement, so long as you continue to make payments, you never trigger the mortgage right to foreclose.

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WebOct 12, 2016 · People frequently reaffirm auto loans in bankruptcy but, in California, do not usually reaffirm mortgage loans. The difference between reaffirming a debt and paying it after bankruptcy and not reaffirming it and paying it after bankruptcy lies in the rights the creditor has in the event there is a default on the payments. WebJul 24, 2016 · There is no legal reason why you can't refinance your mortgage. Legally you can. However, some of the lenders have a policy that they won't do it if you have your loan with them and you did not reaffirm. It's not a matter of the law, it's just their policy. chinese narborough

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WebJul 19, 2013 · Even if you did not reaffirm your mortgage (which we would not, in most circumstances, advise you to do anyway) in your bankruptcy case, there is absolutely no prohibition against your lender offering you a HAMP mortgage modification after receiving your Chapter 7 Discharge. WebAug 3, 2012 · Your question is whether a lender can assess late fees. We need to know whether you reaffirmed the underlying debt secured by the mortgage. If not, you are not personally liable for the debt, the late fees or interest and they cannot attempt to collect it from you due to the discharge injunction. WebDebtors do not have to reaffirm a mortgage debt. Most Debtors Should Not Re-affirm a Mortgage Generally, there is no reason to reaffirm a mortgage obligation unless the … chinese napkin folding