Legal Question in Bankruptcy in Virginia

Re: Our lawyer never filed our reafirmation

I agree fully with the comments of Attorney Press. Reaffirmation would have hurt, not helped. See a bankruptcy attorney ASAP to talk about filing a Ch 13 bankruptcy to halt the foreclosure.

Re: Our lawyer never filed our reafirmation

If your lawyer failed to file the reaffirmation, you should thank him. All that the reaffirmation would have done is made you personally liable for the deficiency in the event of a foreclosure. Now, since there was no reffirmation, you can go your merry way and the bank has no claim against you.

I am assuming that you stopped making payments, prompting the foreclosure. If you are being foreclosed on merely for failing to reaffim, while staying current in your payments, you should immediately contact a competent bankruptcy lawyer who should be able to, as they say, sue the pants off the bank for wrongfully foreclosing.

As for stopping the foreclosure, you can file a Chapter 13 and that will do it. However, you will have to stay current in your mortgage payments until the house is sold or your plan is completed. You need to file before the scheduled date of the foreclosure auction. See a competent bankruptcy lawyer immediately so that there is enough time to prepare.