Glenwood Springs, CO Bankruptcy Law Firms & Lawyers

Your mortgage lender is asking for something that probably does not exist. A reading of the code section tells me that only a loan on personal property can be reaffirmed. Even if you can reaffirm the loan, it is unlikely that the Court would grant a reaffirmation. The balance is so large that it is seldom in your best interest to reaffirm a mortgage loan debt. The discharge that you received made it so that if you failed to pay the mortgage payments, then the lender could not come against you personally for any amounts owed that were not recovered from the sale of the property. You need to contact the attorney who represented you in the bankruptcy case to confirm that no reaffirmation was granted on this debt.

You may want to explore your option of filing a bankruptcy. When you file for bankruptcy, creditors are not allowed to collect on the debt, meaning no phone call, no letters. There are two different types of bankruptcy for individuals, a Chapter 7 and Chapter 13. Consult with an attorney to determine whether one of these will help your situation.

Unless there was an order in the one of the dismissals of your previous cases prohibiting you from filing again, you could file again but it may not do you any good unless you immediately obtain an order to reimpose or extend the stay to protect you from creditor action.