Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Over 34 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions.
Your attorney is correct and the bank has misspoken. Note, unless the second party files BK, the bank can go after all borrowers. However, what the bank may have told you is that it is their policy not to go after a co borrower if the home was surrendered and was used as a residence and not an investment. In that case, it is typically the policy of the bank not to go after the co borrower. But that is the bank's policy to follow if they choose. But legally, the co borrower is still liable.
I wish you both well.