Expert: Mark J. Markus- California Bankruptcy Attorney - 6/24/2008

Question
I was discharged from Chapter 7 on 12/24/07.  My bankruptcy was for only unsecured debt (credit cards). My lawyer did not notify me or send in reaffirmation papers for secured loans.  I know during the bankruptcy hearing that I was asked if I reaffirmed cars, home, etc. and I said I did.  Chase Mortgage has me in their bankruptcy department.  I have never missed a mortgage payment or have I ever been late with a payment since purchasing this house.  I want to know that five or so years down the line that Chase Mortgage won't recall my home for any reason. Is there anything I can do to prevent this?  I tried to get the address for Chase Legal Dept. to write to them, but they will not give it to me.  Thank You.  Mary

Answer
I'm not sure what you mean by "recall", but Chase cannot foreclose on your property unless you are in default under your loan agreement which would mean missing payments.  Reaffirmation agreements in bankruptcy are usually horribly bad ideas, so you should thank your lawyer for not doing that.  You now have the benefit of being able to maintain your payments to Chase, keep possession of your home, and still be discharged from any obligation you owe on your mortgages (so that in the event that they ever DO foreclose, you will not be liable for any deficiency amounts).