I filed a CH 7 one year ago. I was advised by my attorney to sign reaffirmation agreements with the lein holders for my 1st and 2nd mortgage. After the discharge, the trustee requested a copy of the 2nd mortgage recorded deed. After numerous trips to the recorders office and calls to the financing co., I found that the papers were never recorded! There was no 2nd lein on my house!
Problem-I signed the reaffirmation agreement-which says that I owe the debt in full. Although they cannot foreclose on my home, I am stuck with a large bill.
Is there any legal recourse in this situation? 1) my attorney and trustee should never have discharged the debt prior to collecting copies of both the recorded deeds (if this was done, this problem would have been found before I reaffirmed 2) the financing company misrepresented themselves by telling me they had a lein on my home-thus forcing me to sign reaffirmation papers quickly.
If I have no options, I will have to file a CH 13. The debt is 25K. Any assistance will be appreciated. |