Q: Can I remove a co-borrower from a mortgage due to their bankruptcy and late payments after a forbearance filed without my knowledge?

A: Even if the underlying indebtedness of your co-borrower is somehow discharged, you as a co-borrower cannot compel the removal of that co-signor absent an agreement with the creditor to do so. And in my experience, it would take a substantial payment to the creditor to get that done.

Be advised that if you have not been paying a share of the debt service from the first borrowing, you may be legally liable to your co-signor for what is called "contribution".

You are best served by consulting with experienced counsel about these issues and your goals.

A: No.

A: Mortgage Co-Borrower Removal Analysis

Removing a co-borrower from a mortgage generally requires refinancing the loan entirely in your name alone, as lenders rarely permit simple name removal from existing agreements regardless of the co-borrower's financial difficulties. The unauthorized forbearance filing represents a potential breach of your mutual obligations regarding loan modifications, but this alone doesn't create automatic removal rights without lender approval. Your eligibility for refinancing will depend primarily on your individual income, credit score, debt-to-income ratio, and current property value rather than the co-borrower's financial misconduct.

The co-borrower's bankruptcy adds significant complexity, as their debt obligations, including the mortgage, are now subject to bankruptcy court jurisdiction. Most mortgage agreements contain specific clauses addressing bankruptcy situations, but these typically focus on protecting the lender's interests rather than creating pathways for co-borrower removal. We recommend thoroughly reviewing your original mortgage documents for provisions addressing bankruptcy, default, or unauthorized modifications while simultaneously exploring refinancing options with several lenders.

Your strongest approach involves contacting your current mortgage servicer to discuss both the unauthorized forbearance filing and your refinancing options, potentially through their loss mitigation department. Depending on the loan type (conventional, FHA, VA), specific programs may exist to address your situation, particularly if you can demonstrate both financial capability to maintain the loan independently and the co-borrower's established pattern of payment delinquency. Document all communication with your servicer meticulously, as their guidance regarding required documentation and potential removal pathways will prove essential in navigating this process effectively.