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We filed bankruptcy in 2009. We had/have a 2nd mortgage from a previous address. We never reaffirmed this loan on advice from our attorney and have been paying it without doing so. The original company sold that loan last month. The new company want us to sign paperwork on this now. Can the new loan holder force us to reaffirm on this loan even though it was discharged?
This is confusing. You had a mortgage on a previous house. Was that house foreclosed upon by the first mortgage holder? Are you in a recourse state? The 2nd mortgage was discharged, yet you continue to pay it? When did you file bankruptcy in relation to the mortgages? I think a little more info may be needed before someone can address your issue.
In the end, if you have a lawyer advising you, you should listen to them.
We filed bankruptcy in 2009. We had/have a 2nd mortgage from a previous address. We never reaffirmed this loan on advice from our attorney and have been paying it without doing so. The original company sold that loan last month. The new company want us to sign paperwork on this now. Can the new loan holder force us to reaffirm on this loan even though it was discharged?
Not enough information. Consult your bankruptcy attorney.
I'm not a lawyer, BUT, continuing to pay it, IS automatically "reaffirming" it.
If you don't live in the house anymore, or even own that one, why the heck would you continue to pay a discharged 2nd mortgage? It's not like that's going to help your credit rating any...
Do NOT sign anything now, as you'll make their job even easier, and then you'll have no legal recourse other then to pay it off. Now, they'll have to take you to court and get an actual judgement against you, just to make sure they get all their money.
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