Legal Question in Bankruptcy in Florida

Missed Filing Reaffirmation

The mortgage holder listed on my bankruptcy sold my mortgage to my current holder(before my discharge date) who is willing to reaffirm my mortgage, they sent me the papers, I missed getting them filed before my bankruptcy was discharged. The mortgage holder said that as long as my payments are made I'll be okay. Should I request my bankruptcy be reopened and admended or have the mortgage holder put what they said in writing?


Asked on 3/12/01, 10:56 pm

2 Answers from Attorneys
Anthony Comparetto Comparetto Law Firm

Re: Missed Filing Reaffirmation

I would have them sign the reaffirmation anyway even though you cannot file it at bankruptcy court you may be able to use it in state court if they tried to file a foreclosure

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Answered on 5/22/01, 8:00 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Missed Filing Reaffirmation

You must have something in writing evidencing the intent to reaffirm and the mtg holder's consent to it.

If you had an atty represent you, ask him to have the document submitted for approval of the court. Perhaps he can do that without a full re-opening of the case.

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Answered on 5/22/01, 8:06 pm


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