Legal Question in Bankruptcy in Pennsylvania

Never buy anything with someone to whom you are not married. And never finance anything either.

You do not indicate who is on the home equity loan. You also do not explain how the boyfriend was able to get a new mortgage and not pay off the existing loans. This could not happen. No new mortgage lender would do that deal because the lender would lose priority (the second home equity loan would now be in first place). Was the first mortgage re-structured such that the first lender still maintained priority over the home equity loan?

You living or not living in the home is irrelevant. Are you liable on the home equity loan? If so, then regardless of the bankruptcy you will be liable unless the boyfriend is making payments on the loan.

Do you know what the home is worth, the amount of the home equity loan and amount of the first mortgage? Do you know what kind of bankruptcy your ex-boyfriend filed (Chapter 7 or Chapter 13)? It makes a difference. Is there enough equity in the home to cover all or some of the home equity loan or will it be stripped off?

If your boyfriend filed a chapter 13 and if there is enough equity in the home to prevent the second mortgage from being stripped off, then the chances are good that the bankruptcy will allow your boyfriend to get caught up on his mortgage and the home equity loans (since he is behind) and that he will keep paying when he emerges from bankruptcy. If he filed a chapter 7, it means that either he can get caught up quickly on the mortgages or he has no intent on keeping the home and its going to be lost in foreclosure, either by the mortgage lender asking to lift the automatic stay or waiting until the bankruptcy is over.

Since according to your post there is a new mortgage, then it would technically be in second position. I don't understand how a second position lender would foreclose unless they pay off the higher priority home equity loan or sell the property subject to the loan (which buyers may not want). If the new mortgage is in first position, foreclosure by the primary mortgage lender would wipe out the junior home equity loan. However, the home equity lender could still sue you on the mortgage note if you are a co-borrower. The lender could not sue your boyfriend because he is in bankruptcy and probably would be discharging his liability on this debt.

I think you need to find out exactly what kind of bankruptcy your boyfriend filed and what values he put down for the property to know what is going to happen here. Bankruptcy information is public. It can be accessed online through PACER for a fee but it takes awhile to set up a PACER account. If you live near the court, then you can go to the federal courthouse and review the file to see how the values for the property, values of the loans and what kind of bankruptcy was filed. You will then have a better idea of whether you can be liable or not.