Mortgage loan not reaffirmed in bankruptcy by lawyer error. This makes our credit rating even worse-now what?

[delron]

We filed BK-7 in Kansas b4 the new laws took effect. Our attorney knew we wanted 2 reaffirm our home loan and we signed the Stmt of Intent form and it is noted in the creditor matrix. After we rcv'd a discharge we assumed our home loan was reaffirmed. WRONG! The ball got dropped by our attny and/or Wells Fargo so the loan got DISCHARGED in error. We've made our payments on this loan faithfully b4 and after our bankruptcy because we knew we wanted it reaffirmed and we thought it was reaffirmed for the last 2 years! Now Wells Fargo just shows our loan as DISCHARGED IN BK-7. We have filed 3 credit report disputes trying 2 get them 2 show that we've paid our pmts on time 2 help boost our credit rating and they keep side stepping our request. We are in the process of trying 2 sell this house and it is sitting on the not-so-good RE market. WHAT HAPPENS CREDIT WISE IF WE TELL WELLS FARGO THAT THEY CAN HAVE THEIR HOUSE BACK AND SELL IT THEMSELVES? Can our attny be held liable for this?!

[ingel]

Two things,

First, yes you lawyer can be held responsible for this slip up as long as you have copies of the reaffirmation agreement.

Second, since Wells Fargo shows the home as included in your bankruptcy, you can walk away from the home and there is nothing they can do to you.

Something to think about.

Why did you not make sure this agreement was in your bankruptcy before it was discharged?