CitiMortgage reaffirmation after discharge

[Woobie]

What is the name of your state? Florida

My wife and I filed bankruptcy in 2005 pro se and received our final decree on 11/01/2005. Later in June of 2006 we were served with notification that CitiMortgage had filed for foreclosure on our home. After the bankruptcy my wife had trouble finding steady employment (her losing her job is what sent us to the bankruptcy court in the first place). We fell behind in our mortgage payments. We were 3 payments behind when I sent in a mortgage payment minus the escrow portion. (We found out several months later they had never posted this payment because they considered it a partial payment and did not apply it to our loan. Instead it just sat in their possession) Thus they considered us 4 months behind and started foreclosure proceedings without a word to us.

In desperation we sought help at Consumer Credit Counseling Service. To make a long story short, they helped us out (thanks Renee!). It turns out that since we have an FHA loan, there were certain things that CitiMortgage was supposed to do that they didn't. With help from Renee and financial help from FHA we got to keep our home and we have been making timely payments since June 2006.

Recently I went to my Credit Union to see about a car loan. With the wife back in a good job it was time to get her some reliable transportation since she lost her good car in the bankruptcy. The loan officer was looking at my credit report. On my loan application I had put the mortgage payment. The loan officer said that it was not showing on my credit report and that it should be. I thought so too.

When I got home I gave CitiMortgage a call and asked why it wasn't reporting my loan to the credit bureaus. I was told that since I did not sign a reaffirmation agreement, they did not report the loan. I was given no reason why. I was just told that it should have been done during the bankruptcy. I asked if I could do it now and was told that they would not do that. ( I could swear that at our creditors meeting, which no one showed up to, that we mentioned that we had planned on keeping our house)

Now comes my questions (finally). Is there truly nothing I can do about reaffirming this loan? Should I care about reaffirming this loan? I don't think I'll be moving anytime soon (voluntarily). The person I spoke to at CitiMortgage said there was no problem as long as I keep making payments. I don't trust CitiMortgage. They screwed up before and they'll do it again. I've read many CitiMortgage horror stories online. Any advice would be greatly appreciated. Just seems that such a significant debt should be reported on my credit history.

Thanks in advance for your replies.

-Larry

[bigun]

You have until 60 days from your 341 meeting to sign a reaffirmation agreement.
I'm no fan of reaffirmations. If you sign one and later default, they can come after you for all maner of foreclosure fees and a defeciency balance {if your state allow that}.

[Woobie]

Thanks for the reply, bigun. So are you saying that we should just live in our home as is, pay the monthly mortgage and not worry about the fact that the debt is just kind of floating out there? Are there any negative aspects to letting things just go as they are? As I said before, I don't trust CitiMortgage.

Anyone else have an opinion or knowledge of this subject? I'd appreciate hearing some other views whether in agreement with bigun or not. Thanks.

[Ladynred]

So are you saying that we should just live in our home as is, pay the monthly mortgage and not worry about the fact that the debt is just kind of floating out there?

Exactly. Reaffirmations must be signed and filed with the BK court BEFORE discharge. So, w/o that reaff, your mortgage debt has been DISCHARGED - it is not 'floating out there' at all. If you were to decide you can't afford the house, you could walk away with zero liability. If you want to keep the house, you have to keep paying the mortgage.

[Woobie]

Thanks Ladynred.

I figured as much on the debt being discharged and being able to just walk away if need be. What really concerns me is what CitiMortgage might try to do. They are not very friendly and definately are not overly willing to help people out or even do things the way they are required to do. It was a drawn out, ridiculous fight to stop their foreclosure proceedings but, we did it.

Guess we'll just live and let live, make our payments and hope for the best.