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Can I request bankruptcy court to remove co-borrower from my home loan during BK process?

Irvine, CA |

I called bank and they said they can remove the co-borrower from loan if the court approves it. What forms do I need to fill out for this? My co-borrower is not on the title of the home. I purchased my home in 2008 and he filed for BK in 2010 so he is no longer liable for the property.

Thank you

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Attorney answers 4

Posted

Normally, the answer is no. The bankruptcy court has no jurisdiction over the co-borrower. But, if the mortgage company is willing you might be able to get it done. The problem is that the bankruptcy judge may think the change does not affect your debt or assets at all. We have judges here who think mortgage companies want too many unnecessary orders so I have my doubts you will be successful. You need a lawyer who knows your specific judge and how they are likely to rule.

The dialogue on this website does not constitute legal advice nor does it form any sort of attorney-client relationship.

Posted

What is the reason you want co-borrower removed..it does not affect you, the property , the title, or the loan really. And actually it is a benefit to have your loan "coded" in the bank's bankruptcy department for the sole reason you get a special customer service line and get right through for any thing whatsoever you may need to ask, as opposed to being put on hold for over an hour or so.

You mention taking bk borrower's name off "during the bk process" but if he filed in 2010, the bk "process" is long gone and he most certainly received his "Discharge" which is you need anything to show the bank, it is that piece of paper I suspect that is the Court Order they are talking about. If you can not get this from him, it can be pulled up through a paid service most attorneys subscribe to, and it is also public record if go to the bk court and look it up.

The foregoing is for informational purposes only and may not be relied on as attorney-client advice.

Asker

Posted

The other party is giving me a hard time. I just want to remove him and not have this attachment.

Janet Spiro Martin

Janet Spiro Martin

Posted

Not really sure what you mean by "giving you a hard time"; if you are in a domestic abuse situation you are talking to the wrong attorneys. Sounds like you may need a family law attorney. There is nothing your former partner can do regarding the loan after being discharged. --it is your sole liability. If you are uncomfortable seeing his name on statements, probably should just ignore that if you can not get the bank to remove partner's name. But if he is verbally or mentally abusing you, you need to see a family law attorney now.

Posted

Sounds like your mortgage company wants to see if you will dance to their tune for their personal entertainment. What $10/hour moron at the mortgage company thought this scheme up? The bankruptcy court does not have any authority to remove a co-debtor from a loan. All you can do is try to refinance the loan once the bankruptcy is completed. Hope this perspective helps!

Posted

If the co-borrower's liability was discharged through the co-borrower's 2010 bankruptcy filing, then this co-borrower has no obligation to your loan. You need to verify whether the co-borrower's liability is discharged. You have no basis to ask the bankruptcy court to do anything now for the 2010 filing.
Edward C. Ip

No attorney / client relationship established. The answr is for discussion and general information only. The lawyer had not reviewed any documents or contract prior to the above comments.