Can I re-open my bankruptcy case to reaffirm my mortgage? They’re not reporting on my credit.

No.

Most bankruptcy attorneys won’t sign reaffirmation agreements for mortgages, so if your attorney didn’t sign one for you, the reason why is because he was a good attorney.  It’s generally a bad idea to reaffirm your mortgage.  The attorney didn’t want to commit malpractice by pulling your biggest creditor out of the bankruptcy and helping you re-assume liability for that debt.

But, if you don’t reaffirm, then the mortgage company won’t give you any positive credit reporting on your mortgage payments, even if you faithfully make them after the bankruptcy has been discharged and closed.

Even worse, the mortgage company will intimate that your attorney did something wrong in failing to reaffirm the mortgage.  Then the mortgage company will suggest that you contact your attorney to re-open the case to get a signed reaff on file.

This is impossible to do in bankruptcy.  You cannot re-open a case to file a reaffirmation agreement after discharge.  Period.  Once the case is closed, it is closed, and late-filed reaffirmation agreements have no effect.  (There is one tiny exception for a reaffirmation agreement with a credit union that was signed by all parties prior to discharge, but this is a very, very tiny exception).

The only way you can get the mortgage to report again is to refinance through a third party lender.

This is not legal advice.  If you need help, go to www.robertspaynelaw.com.

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