My brother co-signed on a condo for his brother in law. My brother and his brother in law happened to be very good friends. Now the condo is in foreclosure, and I need to find a way to remove my brother from being liable as his brother in law is now insolvent. So, i expect the bank to come after my brother on the note. Other than forcing the mortgage company to prove that they have a valid mortgage, how is the forum resolving mortgage foreclosure issues?

great1, i responded to your post in the tax section, now im responding to the this post. Dont worry, i wont send you a bill.

The co-signer can plead an affirmative defense such as fraud, or its not his signature, or that he was not aware of what he was signing. I just had a case where the co-signer was death and the debtor defaulted and we retained an expert to prove that the decedent's signature didnt match the signature of the debt instrument.

Will any of these apply to your client?

Well, fraud, forgery, fraud in the inducement, etc will be hard to prove. Other than claiming ignorance, bankruptcy maybe our only option. But my brother may only qualify for chp 13 which ultimately requires him to repay the amount over 5 years. So, that doesn't help. Maybe