Legal Question in Bankruptcy in Michigan

Discharged home

Chapter 7 (4.5 years ago) Been paying on mortgage to current date per attorney than. Just found out that home was discharged and there was no reaffirmation done on our home at all by the attorney. Trying to re-finance home and cannot due to discharge. bank will not work with us to correct the situation with the TRW and/or paperwork. Threating us to forclose if we do not continue to make house payments.

Spoke with attorney, I am doing research to see if there are cases with this situation out their anywhere.

Please help, desperately need.


Asked on 7/13/07, 7:05 am

1 Answer from Attorneys
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Discharged home

Your question doesn't really make sense. How could your house be discharged unless it was surrendered in bankruptcy? Can't stop a foreclosure in a Chap. 7.

The fact that there was no reaffirmation agreement is no big deal and there are important reasons to not reaffirm a mortgage. Reaffirmation is not required. You should be able to refinance. You need to stop researching yourself and get a good legal opinion from an attorney in a face-to-face consulation where the attorney can review your documents and see what was done in bankruptcy court. Maybe your first step should be to contact your Chap. 7 bankruptcy attorney.

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Answered on 7/13/07, 11:20 am


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