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Can mortgage company reaffirm debt without the co-borrower on the affirmation agreement?

Irvine, CA |

I filed for BK chapter 7 and I asked for mortgage company to send me the reaffirmation agreement. I am the borrower and I have a co-borrower I am the only one on the Title. I asked bank to send me a reaffirmation with only my name and remove the co-borrower. Bank of America bankruptcy department send he will put in request to the affirmation department to send me the documents. I am hoping the agree because I have no contact with the co-borrower.

Attorney Answers 5


  1. Best answer

    Nothing in the Bankruptcy process will release a co-borrower who did not file their own case (other than the debt being paid by the sale of the house or other property).


  2. Since the co-borrower is not in BK, that name is unnecessary on the reaffirmation. If you fail to reaffirm the mortgage and keep making the payments, no reaffirmation is needed. It is unlikely the bank will release the co-borrower. Why should they?

    You are not my client and I am not your attorney. This advice is given in the spirit of the AVVO platform and is based on general legal principles. You become a client when you enter into a formal retainer agreement with me.


  3. The coborrower does not need to reaffirm (and does not receive a discharge) because they did not file bk. They do not have to be on the RA. Whatever liability they had remains.

    Please remember to mark my answer as "helpful" or even the "best" if that is the case. My response is general information not intended as legal advice or to create an attorney-client relationship. Seek advice from a qualified attorney to see how the law fits your specific facts. I am licensed to practice law in Washington and Oregon. www. RRLawGroup.com


  4. Reaffirmation will not accomplish your goal, is not required, nor would the court likely approve it. BTW, it is not the mortgage company that reaffirms a debt, it is YOU.

    Reaffirmation does not alter the nature of the underlying debt obligation. Your co-borrower will still be obligated on the note. The beneficiary of the deed of trust can still foreclose if you do not make the payments and, most likely, you are protected by anti-deficiency statutes. If you are not protected by anti-deficiency statutes – reaffirmation is DEFINITELY a bad idea.

    I suggest you consult a bankruptcy attorney – it appears you have not done so. Good luck

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  5. Your bankruptcy released only you from any debts. The co-borrower did not file and, therefore, remains liable on the debt and does not need to sign anything. Therefore, there is no reason the lender will not send you a reaffirmation for just you.

    This is not legal advice and I am not your attorney until you retain my office. Always consult with an attorney in your area before acting on anything you read on the internet.

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