Legal Question in Bankruptcy in Florida

Reaffirmation of 2nd Mortgagge

My bankruptcy was discherged late last year and I never signed and agreement to reaffirm either 1st or 2nd mortgage. I have since lost my job and cannot pay these debts. What are my obligations and what course of action can the debtor take?


Asked on 5/23/04, 12:38 pm

2 Answers from Attorneys
Carol Lawson Carol A. Lawson, PA

Re: Reaffirmation of 2nd Mortgagge

First you are the debtor. The person who holds a mortgage is the creditor. I don't know if you were in a ch 7 or ch 13 bankruptcy, assuming it was a 7 because you mentioned signing a reaffirmation agreement you would have had to be current on your mortgage when you filed ch 7 in order to keep the house. Assuming that you correctly listed the mortgages on sched D and that they recieived notice of the bankruptcy then, you would not be liable under the mortgages, however they may foreclose on the house and obtain an in rem judgment. You always have the option to file a chapter 13 and stop the foreclosure. Please call my office and schedule an appoinment at 813/877-7550 or 727/733-0267.

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Answered on 5/24/04, 10:37 am
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Reaffirmation of 2nd Mortgagge

The previous reply is on target. Follow the advice (unless you are closer to my office).

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Answered on 5/24/04, 9:53 pm


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