I Reaffirmed my Second Mortgage in My Bankruptcy But Now We Can’t Pay It. – Pamela

“Dear Lewis,

My bankruptcy was discharged two years ago. My first mortage was included in my case, but I reaffirmed on my second mortgage. (the lender requested that we did). I think that we are going to walk away from our house. It is so under water.

what will happen with my second mortgage? I there a way to get out of paying it?


Dear Pamela,

Unfortunately, when you reaffirm a debt, and later you do not pay that debt, the lender may pursue you personally. That is why it is almost always not a good idea to reaffirm a debt, especially a mortgage.

Maybe the lender will not pursue you. But if it was reaffirmed, they have the option of coming after you personally on the debt, and not just a foreclosure.

Are you certain that the judge signed off on the reaffirmation? Are you sure it was docketed in your bankruptcy case? It is worth looking into again. I know our local judges won’t allow a reaffirmation of a mortgage loan unless the lender did something to make the loan better (like waiving arrearages, dropping principal, etc). But not all judges are the same.

If you used an attorney for the bankruptcy, you should call him or her immediately and verify that the second mortgage was indeed reaffirmed in the case.

My name is Lewis Roberts and I’m an attorney licensed in Florida and Georgia. My practice focus is consumer bankruptcy, real estate issues/closings, and mortgages. I also have Florida real estate broker and mortgage broker licenses. I am a proud member of the National Association of Consumer Bankruptcy Attorneys (NACBA), National Association of Consumer Attorneys (NACA), and a graduate of Max Gardner’s Bankruptcy Boot Camp. I enjoy helping people with decisions that impact their financial well-being.

Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.

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