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voluntary mortgage pymts not re-affirmed

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  • voluntary mortgage pymts not re-affirmed

    Here's my situation. BK discharged in 04/2009. Our intention was to re-affirm both the first and second mortgage. However, our atty was less than educated on this matter (and only recently learned we were her first BK case...lovely, I know) but I digress. So we signed re-affirmation papers on the first and thought the atty was handling the rest. Until a couple mos ago I pulled my credit report and it showed BOTH mortgages included and discharged. After contacting the first mortgage co, they advised the paperwork was never received by our atty and that we could try to re-submit it, but since the BK is now closed, in order for it to be accepted by them, the case would have to be re-opened by the atty and the papers signed by a judge. Well, now we are having a change of heart and thanking God for unanswered prayers as this may be an opportunity to get into a bigger house for the same or less than we are paying now as we bought during the boom (10/2005) in FL. That being said, with the atty not doing herr job, I'm certain the mortgage will not be re-affirmed. But here's my real issue. We have been paying on time the full pymt every month. I have "heard" that MAYBE since we are not legally responsible for the debt any longer, we might be entitled to get the money we have paid voluntary back from the mortgage company. Can anyone verify this or give me any direction on this? I REFUSE to go back to the atty we used as this was not the only thing that was messed up. We were also told the trustee wouldnt ask for our tax return because I had just lost my job and we have 4 kids, but I knew that wasnt true and I was right. She also refused to return any of my calls or emails asking how much I still owed her as we were making pymts. IMO, any atty that doesnt want to get paid isnt worth paying!

  • #2
    She took payments from you during bankruptcy? I don't even think she is supposed to do that. Were you paying by 3rd party? Like giving the money to someone else to pay her? That is shady I think. I would see if one of the pro's on here could point you in the right direction with that one. Seems fishy to me.
    Filed Chapter 7 October 5, 2010 -341 held Nov. 8, 2010- Report of No Distribution Nov. 12th, 2010- Discharged 1-10-2011 Closed 1-28-2011

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    • #3
      Yeah, the fee was like $1500.00 plus a filing fee and she said we could make payments to her. But no, we were the ones paying her with our own money. Unfortunately for them, our families are in similar financial situations and really wouldnt have been able to help. Honestly, we are probably in a better situation than them its just that we have 4 school aged kids so our obligations are more. I agree, things were very fishy. ie..when we called her about the mortgage not being re-affirmed, she brings up about us having to sign a deed in lieu for a timeshare that we let go because otherwise they have to foreclose to take the property back. I thought that was odd because it was discharged thru the BK so why would that matter? But we had to go in there anyways to deal with the re-affirmation issue so we signed the papers. That was about 2-mos ago. And this week we got a certified letter from another atty working on behalf of the loan co for the timeshare saying their attempts to contact her have been unsuccessful, even though, her office signed for their lettter???? So they sent us the paperwork directly to be signed and returned. I have no problem doing this, I just dont get why it matters if they foreclose when it was discharged thru BK? Is that not the same as your mortgage? Its either one or the other, not both! UGH!

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      • #4
        I have "heard" that MAYBE since we are not legally responsible for the debt any longer, we might be entitled to get the money we have paid voluntary back from the mortgage company

        While you have no obligation to pay a debt discharged in bk, the code specifically says you may voluntarily pay anyone you please post bk.
        Sorry, no refunds on the mortgage payments.
        I'm confused as to if you have tried to reopen your bk. If so, I'd send the lawyer a certified letter saying you changed your mind.
        I'd also not sign anything a creditor discharged in bk sent me. Let them deal with whatever the issue may be.

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        • #5
          Originally posted by katt3344 View Post
          Here's my situation. BK discharged in 04/2009. Our intention was to re-affirm both the first and second mortgage. However, our atty was less than educated on this matter (and only recently learned we were her first BK case...lovely, I know) but I digress. So we signed re-affirmation papers on the first and thought the atty was handling the rest. Until a couple mos ago I pulled my credit report and it showed BOTH mortgages included and discharged. After contacting the first mortgage co, they advised the paperwork was never received by our atty and that we could try to re-submit it, but since the BK is now closed, in order for it to be accepted by them, the case would have to be re-opened by the atty and the papers signed by a judge. Well, now we are having a change of heart and thanking God for unanswered prayers as this may be an opportunity to get into a bigger house for the same or less than we are paying now as we bought during the boom (10/2005) in FL. That being said, with the atty not doing herr job, I'm certain the mortgage will not be re-affirmed. But here's my real issue. We have been paying on time the full pymt every month. I have "heard" that MAYBE since we are not legally responsible for the debt any longer, we might be entitled to get the money we have paid voluntary back from the mortgage company. Can anyone verify this or give me any direction on this? I REFUSE to go back to the atty we used as this was not the only thing that was messed up. We were also told the trustee wouldnt ask for our tax return because I had just lost my job and we have 4 kids, but I knew that wasnt true and I was right. She also refused to return any of my calls or emails asking how much I still owed her as we were making pymts. IMO, any atty that doesnt want to get paid isnt worth paying!

          from what i'm reading you speaking about the fact you had an incompetent atty....that's number one....but it turned out to be a blessing since you in the end you did not want to reaffirm anyway.

          ok...now...what i'm thinking you're saying is you have been in fact paying the monthly mortgage....many people chose to "pay and stay". however, if you now intend to leave and the amount was discharged....i would immediately STOP paying the mortgage and socking away the money for the new house.

          i'm not getting that you continued to pay the atty??? or did i miss something????

          you don't need the atty anymore anyway....if the mortgage was discharged and you did not reaffirm the bank will start foreclosure and of course you know....almost ALL foreclosures have been put to a halt throughout the country due to numerous signings of fraudulent paperwork for the closings.


          so that will give you some "time" to get some money up.

          if in fact the mortgage was discharged in a chapter 7 and you did not reaffirm once again...you are NOT responsible for the mortgage debt in anyway financially, however, if an HOA is involved you are responsible to continue payment for those.

          if you have no intention of staying...do not call the bank anymore to try and get this reaffirmed after the fact. (our bank tried that! crazies!).

          also...you should no longer need an atty for this at all....the bank person has no clue what they are talking about. since many banks are approaching people to reaffirm that did not because they, the banks don't want your house back!!

          best of luck and let me know if i totally misunderstand what you were saying...which is possible....
          8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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