Here is another question asked on AVVO.com about co-borrowers, mortgages and bankruptcy:
As an authorized third party on a home mortgage, can I file a b/k and include the lender in the schedules?
The house is in foreclosure, the original borrower is deceased and the co-borrower has been committed to a nursing home. Prior to this action I was acknowledged by both the lender and the loan servicer as an authorized third party. The co-borrower is not able to appear in court to file a b/k in pro se. I am not licensed to practice law and represent the co-borrower. But if I file for b/k myself to stop the foreclosure sale, am I allowed to list the home loan as one of my obligations?
Here is my answer:
As the other attorneys mentioned, this problem is much too complicated to tackle without an experienced attorney. Before doing anything, call an attorney to set up an appointment to discuss all of your options. You can “list” anything you want as a debt in your schedules. The more important question is whether your bankruptcy would accomplish your goal, to stop the sale, or keep the property. Call a lawyer now.
Daniel J. Winter
BankruptcyLawChicago.com
djw@DWinterLaw.com
Offices in Chicago, Gurnee, Oak lawn, and Skokie, Illinois
312-789-9999