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I was the primary on a mortgage loan with my father-in-law as the co-signer. I filed for bankruptcy and moved out of the property. I have since moved back in, and my name still appears on the mortgage documents. Do I still have rights to the property? My boyfriend (his son), myself and our three children still reside at the property and have made all payments on the loan and upgrades. The co-signer is threatening to sell the property out from under us. Do we have any rights at all???

2 Thoughts on Do I still have rights to a mortgage after bankruptcy?
  1. Reply
    Pascal the Gambler
    February 16, 2014 at 8:14 am

    On a mortgage, there is no “primary” and cosigner. All are equal.

    If you are on the title, he cannot sell without you. He CAN sue you for partition, forcing you to buy him out (you can’t) or sell.

    These are questions for your bankruptcy attorney, but name on the mortgage means nothing…name on the TITLE means everything.

  2. Reply
    Judge Julie
    February 16, 2014 at 8:33 am

    Why is the Father of your boyfriend acting like such an A-hole? Your bankruptcy has nothing to do with him if you and his son have made good on the mortgage payments (are caught up) and you don’t owe the father in law any money? Again – who is on the title? If Father in law, and not Son – then he can push for the “partition” – and Son is merely a renter. Good Luck!

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