1st & 2nd Mortgage Reaffirmations

What is the name of your state? Ohio
Can you reaffirm the 2nd mortgage and not the first? Our attorney really messed up. We had advised our attorney in the beginning that we wanted to keep our home. When we received our bankruptcy papers, he had included our home. We had kept making pmts. But found they were sent back to our attorney. He then had us sign a reaffirmation agreement with the 2nd company. When we found that he did not inform the 1st mortgage holder we decided to let the house go. We did not reaffirm the first mortgage and the house was foreclosed. Now, 4 years later the 2nd mortgage company is after us. Is it legally possible to reaffirm a 2nd mortgage when you didn't on the 1st mortgage. There would be no collateral since the house is gone right? Help! Our attorney has really got us messed up.

[Ladynred]

Yep, if you reaffirmed on the 2nd, you made a new promise to pay and you're on the hook for the deficiency

The thing is, its not mandatory that you reaffirm. As long as you keep paying you can usually keep the home w/o a reaffirmation. Since you did reaffirm, they have the right to enforce your new 'promise'