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Co Borrower and Bankruptcy

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Doug22

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Post Posted: Fri Jan 08, 2010 1:23 pm    Post subject: Co Borrower and Bankruptcy
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Hello,

the co borrower (ex domestic partner) on my mortgage loan has filed chapter 7 bankruptcy because they want to get out of the mortgage. the home has no equity and i want to assume the mortgage/loan. my lender is willing to modify my loan in my name only but requires the co borrower to sign a quit claim deed which they are refusing to do. the co borrower still has a couple months before the bankruptcy is final. lender is saying there's nothing they can do unless the co borrower signs the quit claim deed.

is there anything i can do other than waiting till its final or do i need to contact a bankruptcy lawyer. Thanks for any help provided.

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gmakerley
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Post Posted: Fri Jan 08, 2010 3:47 pm    Post subject:
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i don't know that a bankruptcy lawyer would be apropos unless you plan to file as well, which i don't think is the case. a real estate lawyer, on the other hand, would probably be worth your time and trouble. the lender is correct - he cannot refinance your home with you as the borrower while your ex has an ownership interest; and, i'm quite sure that the bankruptcy clouds the issue even more.

but you need to know what your rights are concerning this, and legal assistance is sensible.

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