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Expert: - 7/7/2008


Question
We are in Florida. 9/04 foreclosure-6/05 modification agreement, 10/05 chapter 7 filed, discharged 03/06. No reafirmation from lender. Attorney stated mod agreement was loan reafirmation. From 6/05 till 9/08 credit report had 120 days late in forclosure,and now it states bankruptcy. Lender tried to foreclose on discharge etc. then stated payments on credit report at end of mod. would reflect all payments. Now they say they were not reafirmed and if we are one day late they forclose. This has done much harm in us refinancing. Attorney states it is dispute with mortgage co. and does not deal with it. Is it a reafirmation and for how long no credit reporting.

Answer
No, it's not a reaffirmation agreement if it was entered into prior to filing your bankruptcy case.  The debt to them was discharged in your bankruptcy case.  You do not owe them any further obligation.  As long as you stay current with the payments, they cannot foreclose.

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Mark J. Markus- California Bankruptcy Attorney

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Mark J. Markus is a Los Angeles bankruptcy attorney who has practiced exclusively bankruptcy law in California since 1991 and is rated A+ by the Better Business Bureau and is AV-rated by Martindale-Hubbell. He represents debtors, creditors, and Trustees in Chapter 7, Chapter 11, and Chapter 13 of the bankruptcy code throughout California.

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Visit our California bankruptcy webpage at http://www.bklaw.com for more information on bankruptcy in general and Mark J. Markus in particular. Many questions are answered on the web page (hint, hint).
The Markus webpage also contains more information on

  • Which Chapter to File,
  • business bankruptcy,
  • chapter 7 bankruptcy,
  • chapter 11 bankruptcy,
  • chapter 13 bankruptcy,
  • Do You Need a Lawyer to File Bankruptcy?
  • Frequently Asked Bankruptcy Questions

    Also visit our Los Angeles bankruptcy blog for interesting articles and much more.



    Organizations
    Central District Consumer Bankruptcy Attorneys Association (CDCBAA) Los Angeles County Bar Association (LACBA) Commercial Law & Bankruptcy Section of the Los Angeles County Bar Association Financial Lawyers Conference (FLC) National Association of Consumer Bankruptcy Attorneys (NACBA) Los Angeles Bankruptcy Forum (LABF) American Bankruptcy Institute (ABI) San Fernando Valley Bar Association (SFVBA)

    Publications
    Central District Consumer Bankruptcy Attorneys Association Newsletter September 2007 (Vol. 1, Issue 2)

    Education/Credentials
    J.D., University of Arizona 1990. B.A. Economics, California State University, Northridge 1986. For more details please click here

    Awards and Honors
    AV Rated by Martindale-Hubbell (http://www.martindale.com) A+ Rated by Better Business Bureau

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