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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 12-09-2004, 12:48 AM
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Join Date: Dec 2004
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Question

reaffirmation not approved


What is the name of your state?What is the name of your state?MT

My husband and I filed chapter 7 in may 2002. At the time we thought in order to keep our house (mobile) we had to sign a reaffirmation agreement. Our lawyer didn't explain to us that we could just keep making payments and stay in our house. Anyway, the lawyer's office didn't file the correct papers and we received a letter from the judge that the reaffirmation was denied. It is showing in our credit report that is was included in bankruptcy and the mortgage co shows the same thing. My question is-we want to buy a new house because our family has outgrown this one. We can't sell it for what we owe on it so can we walk away from it without any recourse? The mortgage company that is trying to get us a new loan says that since the house wasn't on the actual bankruptcy papers that it wasn't included in the bankruptcy and we probably wouldn't be approved if we told them we were just walking away. If we do walk away will it show a foreclosure on our credit report? Thanks
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