Expert: Terry Leeders - 3/27/2008

Question
Hi, Just over a year ago we filed Ch. 7 -discharge was in May 07. We tried to reaffirm our mortgage thru intent and letter by lawyer and phone call by us. My husband was told by Dovenmuehle that they don't send reaff. agreements and they don't talk to lawyers. Our lawyer did make a couple of efforts but didn't seem to care after that. Of course our credit report shows mortgage discharge.
Is there anything we can do at this point to get reaffirmed or should we leave it alone? Who is at fault- I'm not sure who to complain to. We bought the home with a state housing grant. Are we allowed to sell house when we want and keep profit? (If any)

Answer
Unfortunately, you cannot force a creditor to reaffirm.  This happens more often than you would think.  You don't have to reaffirm, but you might not get 'credits' on your credit report for timely payments etc.  It is still your home, so if you stay current, you can keep the home.  To get 'credit' again, you may want to refinance, as the rates have dropped some as well, and you would start fresh with a new loan.