Question: What is the quickest and easiest way to get documentation that the mortgage is reaffirmed? My mortgage was in a Chapter 7 and discharged 3 years ago. I never stopped making payments while in the BK. I am looking to refinance into a much lower rate but the new lender wants documentation the mortgage is reaffirmed. Everything else has been signed off by the underwriter but this.
Your mortgage lender is asking for something that probably does not exist. Section 524 of the Bankruptcy Code allows for a loan to be reaffirmed, but, it is rare that a Bankruptcy Court will approve a reaffirmation agreement for a mortgage loan. The balance is so large that it is seldom in your best interest to reaffirm a mortgage loan debt.
The discharge that you received made it so that if you failed to pay the mortgage payments, then the lender could not come against you personally for any amounts owed that were not recovered from the sale of the property.
You need to contact the attorney who represented you in the bankruptcy case to confirm that no reaffirmation was granted on this debt.