After discovering that our mortgage was not reaffirmed, I tried to reason with my mortgage company asking that we draw up some type of agreement just between ourselves. Unfortunately, the mortgage company's hands are tied because it's the law. Literally, there is nothing they can do. According to the information I obtained, there are only two ways to change discharged debt AFTER a bankruptcy is case closed: (1) re-open the bankruptcy, file a Reaffirmation Agreement and close the bankruptcy a second time or (2) refinance the debt (which in my case would be nearly impossible to do).
As a result, I looked at my bankruptcy documents. It was very clear in the documents that I had wished to reaffirm my mortgage. So, I decided to speak with my bankruptcy attorney, afterall, it was his fault that it was not done properly. To make matters worse, since I had not discovered his error for almost a year, I had suffered damages to my credit. Had it been done properly my mortgage company would have been reporting my payments to my credit bureau and, that in turn, would have been extremely helpful in building my credit score back up. Since that failed to be done and the longer it failed to be corrected, the more damages were accumulating to my credit NOT being build back! After I explained that to my attorney, he was extremely helpful and told me that he would "waive" his fees if I would just pay the filing fee to re-open our bankruptcy. As a compromise, I thought that was reasonable. I just didn't expect, him to mess up on re-opening the bankruptcy too! Hope this helps you.
As a result, I looked at my bankruptcy documents. It was very clear in the documents that I had wished to reaffirm my mortgage. So, I decided to speak with my bankruptcy attorney, afterall, it was his fault that it was not done properly. To make matters worse, since I had not discovered his error for almost a year, I had suffered damages to my credit. Had it been done properly my mortgage company would have been reporting my payments to my credit bureau and, that in turn, would have been extremely helpful in building my credit score back up. Since that failed to be done and the longer it failed to be corrected, the more damages were accumulating to my credit NOT being build back! After I explained that to my attorney, he was extremely helpful and told me that he would "waive" his fees if I would just pay the filing fee to re-open our bankruptcy. As a compromise, I thought that was reasonable. I just didn't expect, him to mess up on re-opening the bankruptcy too! Hope this helps you.