Post BK Chp 7 Discharge NIGHTMARE

[Dchosen1]

Thank you all in advanced for your feedback.

I just went through a BK Chp 7 process which went on for about 1 year. I thought i was done and withthis behind me but come to find out my primary residence is being included in my bankrutcy for some reason i do not yet understand. Bank says they never got an Reaffirmation Agreement, lawyer says the same... to be clear, from day 1 i told my lawyer i would be KEEPING my home, my family lives here.

Some timeline facts for reference:

- Filed for BK Chp 7 on 3/2020 (Did NOT include primary/only residence in BK, bank is Wells Fargo)

- Bk lawyer states they asked WF for Reaffirmation Agreement on 4/1/2020, and they NEVER received it

- BK Chp 7 discharged 3/2021

My BK has been discharged (3/2021) and WF has recently reported to all CBs that my mortgage account is INCLUDED in my BK, i assume because they never received the Reaffirmation Agreement. My mortgage shows as Closed/Charged Off/Included on BK on my credit reports. My BK lawyer says i was behind on my mortgage payment back in 4/2020 and as such WF never sent the Reaffirmation Agreement. Not once they my lawyer bring up the  fact that this was an issue or a potential issue since this is my families primary residence. Now, according to my lawyer, i need to reopen the case and go through some more legal processes and im sure pay $$$$ more to try and get this resolved....  

I am extremely disappointed and stressed about this. I feel like my lawyer dropped the ball here and now i have to pay up and not to mentioned deal with the legal problems this will now cause... Can this be fixed? Can my home be taken/foreclosed? Should my lawyer have done more here? Should i keep paying them to try and get this issue fixed? Help pls....

Thx!

[mich800]

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@Dchosen1 wrote:

 Can my home be taken/foreclosed? Should my lawyer have done more here? Should i keep paying them to try and get this issue fixed? Help pls....

Thx!

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Have you been making the mortgage payments?  As long as you are making the payments hopefully the bank will work with you.  Have you spoke with the bank on how to move forward.  

[Dchosen1]

Yes, never stopped making payments.

No, i have not tried to discuss options with bank.

[despritfreya]

You would be stupid (sorry to use that word) to reopen your case (reopening fee must be paid), file a Motion to revoke your discharge, get your discharge revoked if the judge would agree to such (unlikely) and then seek to reaffirm a debt that you are not required to reaffirm (Motion to Reaffirm will probably be denied), just so your lender may (or may not) begin reporting payments. 

Before you even try, might I suggest you spend the time reviewing the comments raised in this thread:

https://www.bkforum.com/forum/before-the-discharge/chapter-7/64385-why-reaffirming-a-mortgage-is-a-v...

Des.

[Dchosen1]

Des, thank you, interesting read... Question, can i sell or refi the property while in this state/situation?

[despritfreya]

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@Dchosen1 wrote:Question, can i sell or refi the property while in this state/situation?

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It is your home.  You can sell it just like I can sell my home.  The lienholder must be paid in full at close of escrow, just like my lienholder would need to be paid if I sold my home.

As to refinancing, so long as you find a lender willing to lend, you can refinance.

Des.