Can a mortgage holder not on title file Bankruptcy Ch 13?

You might want to look at my website before you do anything.

The debtor must have some type of interest in an asset in order to use their bankruptcy as a tool. It is possible that the debtor could profess an interest that is beneficial, as an owner, as a trustor, or perhaps some type of implied interest. If this is not the normal interest, then most likely this will need to be determined by the court.

Chapter 13 is strictly voluntary. A mortgage holder is a creditor. A creditor cannot force anyone into Chapter 13. Only a debtor may file Chapter 13. If a person owes a mortgage but is not on title, the creditor is unsecured with regard to that person. Cram downs of mortgages cannot be done on one's personal residence. Only rental property. One can strip a totally unsecured lien in Chapter 13. By "totally unsecured" I mean that the appraised value of the property is less than the principal balance of the first mortgage. A title holder not on mortgage is still subject to the liens on the property, and the same rules apply.

Each case is different and each case demands individualized attention. You should consult with an experienced bankruptcy attorney to figure out which chapter should be filed.

The question is confusing. The mortgage holder is the one to whom payment is made not the one who makes the payment. Why would the mortgage holder file a bankruptcy?

If you have not recorded the mortgage... then you have no mortgage. You only have an unsecured promise to pay.