Legal Question in Bankruptcy in Georgia

Lender failed to send us reaffirmation before discharge

We just declared CH 7 and reaffirmed our house and car. The mortgage lender never sent the agreement to our lawyer for us to sign and now the BK has been discharged. Our mortgage company is not allowing us to us online inquiry service or payment via phone anymore- because we filed BK. We never missed a payment- if we have been given the discharge and never signed the reaffirmation- do we have to pay for our mortgage anymore or is there a law that says it is ours now?


Asked on 10/22/04, 1:36 pm

2 Answers from Attorneys
Bernd Stittleburg Stittleburg Law Offices, LLC

Re: Lender failed to send us reaffirmation before discharge

I have had a few situations come up similar to yours and I could write a response, however it would be very lengthy. It would be easier if you simply called me (770) 396-4323 and I can explain how this situation affects you.

Thanks

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Answered on 10/22/04, 2:28 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Lender failed to send us reaffirmation before discharge

Your lawyer should have explained this.

If you did not reaffirm, you can stay in the house if you make the payments. If you don't they can retake the house. Without a reaffirmation, most lenders will not let you use online and phone account services.

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Answered on 10/22/04, 4:11 pm


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