A: There are some facts missing from your description. Were foreclosure notices posted on the door and/or received in the mail? Did you attend the hearings and let the Clerk know you had an HAF application pending? Typically, the Clerk will grant an continuance of a foreclosure hearing if he/she knew there was an HAF application pending (if you showed up to the hearing with a verified application number and showed all documents necessary had been presented to NCHFA). Unfortunately, it's going to take some intensive review of the foreclosure file and your applications to determine if any wrongdoing occurred. This will likely require you paying a fee to an attorney and signing an authorization to request all documentation from the mortgage servicer. If you failed to show up to court and present your evidence and your mortgage was held by a private investor rather than Fannie, Freddie, etc., your failure to show up to court may have doomed you. I see way too many cases where the homeowner never went to court to prove there was an application for relief pending, and there is nothing that can be done to allege a wrongful foreclosure.
A: You can always include taxes in a bankruptcy. The question is, will all or part of the tax debt be dischargeable? That depends upon whether or not you filed tax returns for those years and when the taxes were assessed. You should contact an expreienced bankruptcy attorney for a personal consultation to see if filing bankruptcy will achieve your goals.
A: Unfortunately, you cannot compel your co-borrower to cooperate with refinancing the car. I assume their name is also on the title. This means they own half of the car, and are equally liable for the loan payments. You also cannot compel them to sign any paperwork to sell the car if they do not want to. Your only option is to file an action for "partition", which is a long and involved process that is not easy to do without a lawyer and will be quite costly. The end result of a partition is that the car will be sold, the loan paid off, and the excess proceeds divided between you and the coborrower accourding to the findings of the court. Long story short, if you want to keep the car, you will have to keep the current financing. You will also not be able to trade in the car or sell it if the co borrower will not cooperate. You will have to drive it until it dies, take it to a junk yard and let the junkyard deal with the title issues. If it is wrecked, hopefully the insurance ill pay the loan off, but any excess money over the loan payoff will be paid by a check made out jointly to you and your co borrower, and you will not be able to cash the check without dealing with your co borrower. This is the reason why having a cosigned loan is often a huge problem that people do not think about when they urchase something on credit.