I filed for personal bankruptcy January 7, 2011 and my debt was discharged on April 13, 2011. Now here is my issue. My fiance and I purchased a home in 2007 and obtained financing through Wells Fargo Home Mortgage. We have a first and a home equity line of credit. My fiance was NOT a party to my bankruptcy, nor was his social security number attached to anything. I asked my attorney several different times if this would affect my fiance in any way, and he was adamant that he would not be affected.
Wells Fargo did not send any paperwork to reaffirm the debt, and my attorney said that it wasn't necessary anyway because my fiance was the primary borrower and he would be solely responsible for the debts.
I spoke with someone at Wells Fargo who said that because I didn't reaffirm the debt that these loans will no longer be reported to the credit bureau and they would not be moving the loans to normal status. My fiance wrote letters stating that he was not a party to the bankruptcy, hence his credit should not be affected and the loans should not be affected. We received a letter stating that they REMOVED the reference to the bankruptcy, but they would not be changing anything.
I contacted my bankruptcy attorney, but of course he has been paid in full and has nothing to do with it anymore. He suggested that I could refile with the bankruptcy court to reaffirm the debt, but that would cost about $1500. I am simply devastated because my actions have affected my fiance.
My question: is there anything that I can do??? We can't refinance because our house is under water by about $100K and I spoke with my bankruptcy attorney who basically said not to worry about it unless they try to foreclose, but We are not nor have we ever been late with payments.
Does anyone have any advice?