In 2001 I filled for bankruptcy in Michigan. I had a letter of intent that stated I was keeping my home and that the debt would be reaffirmed. My lawyer told me to reaffirm all I had to do was to continue to make payments. My mortgage payments continued to be reported to the credit reporting agencies and showed in good standing so I thought it had been reaffirmed as my lawyer had stated. I find out now this is wrong. The mortgage recently went to another mortgage company, they are stating that the mortgage was included in bankruptcy and will not report payments to the credit reporting agencies. Am I liable for this debt? If I stop paying and move out can they go after me for any money after the sale of the home? Also when they repossess the home-will my credit report show it as being a recent repo or as of the bankruptcy date which was when I no longer owed on the debt?

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Originally Posted by shandy2000

In 2001 I filled for bankruptcy in Michigan. I had a letter of intent that stated I was keeping my home and that the debt would be reaffirmed. My lawyer told me to reaffirm all I had to do was to continue to make payments. My mortgage payments continued to be reported to the credit reporting agencies and showed in good standing so I thought it had been reaffirmed as my lawyer had stated. I find out now this is wrong. The mortgage recently went to another mortgage company, they are stating that the mortgage was included in bankruptcy and will not report payments to the credit reporting agencies. Am I liable for this debt? If I stop paying and move out can they go after me for any money after the sale of the home? Also when they repossess the home-will my credit report show it as being a recent repo or as of the bankruptcy date which was when I no longer owed on the debt?

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The person who knows the answers is your Attorney - he/she is also the person responsible if his/her advice was incorrect or the paperwork was filed incorrectly.

And the bankrutpcy court records will show if it was or if not inlucded.

Contact your bankruptcy attorney immediately and ask him what's the story on this mortgage as something was not filed or followed up on to see if it was properly reaffirmed. If you did have the reaffirmation letter from the original mortgage company though, I would take that letter with you to the bankruptcy attorney's office and ask him/her what's up. You can also go in person to the Clerk of Courts at the Bankruptcy Court and ask to look at your Court file and see just what sort of paperwork they have in your file as well. The trustee would have addressed the reaffirmation of this debt as not many debts are reaffirmed and your file would reflect this.