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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.

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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).


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?

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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.



Co-borrower did file for bankruptcy bank in 2010 and added home to his bk and indicated he had no interest in the property. He did not re-affirm my home and his BK was discharged.

Robert Charles Russell

Robert Charles Russell


In that case he has no personal obligation on the note/debt. Your fact pattern also notes that he has no interest in the land/dirt. Sounds to me like he is now completely removed from the scenario.


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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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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