Q: Does the co- borrower have to sign the forms when applying for Home Affordable Modification Program.
The co-borrower filed for Chapter 7 bankruptcy in 2003 and has moved out he pays nothing toward the mortgage. Hi lawyer advised him against signing but the mortgage company wants him to sign what do I do?
A: Yes, unless waived by the lender. If the co-borrower is being releases of his or her liability in the underlying note and mortgage ( not likely), I do not think a signature would be needed.
A: I am sorry I had not read the supplement. If the mortgage debt was properly discharged, he does not have to sign and in fact, the lender, if the same as the original one, may be violating the automatic stay by requiring the signature.
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