Legal Question in Bankruptcy in Missouri

Our Chapter 7 Bankruptcy was discharged in July 2009. We did not reaffirm our mortgage at that time. We continue to pay our monthly payments on time. Should we reaffirm out mortgage now or can we even?


Asked on 1/12/10, 6:11 pm

1 Answer from Attorneys

Alicia Beeler Villines Alicia Beeler Villines (sole practitioner)

There is a substantial division among the various circuits on this matter, which is often referred to in legal slang as "ride-thru".

To be safe, I would advise filing a reaffirmation agreement. I would suggest sending it in and seeing if the court will accept it even though the case has been closed; if not, you will need to cough up a reopening fee (about $260) and request that the case be reopened.

Why bother with this? I believe it is on this website that there is a horror story of a couple who obtained their discharge but did not reaffirm their mortgage. Some time later they finished paying off the mortgage, but instead of releasing the deed of trust, the mortgage company informed them that because the mortgage had not been reaffirmed, all payments after the dischcharge were "rent", not mortgage payments. Can the mortgage company really do this? I don't know--but I do know that it will be a hassle to get this mess straightened out, and you asked "should we" and "can we", not "if we don't bother, are you certain things will end well? "

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Answered on 1/20/10, 7:55 am


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