Thank you for the information:
1) Wells Fargo mortgage, B of A HELOC
2) No, she didn't file for bankruptcy. She lives in another country.
3) Yes, the divorce decree stipulates that I am responsible for the mortgage and HELOC...which is why I want to ensure she's clear of this so it doesn't come back to haunt me...AND I need to provide proof in writing that she's clear of it.
Questions: Once discharged from Bank of America HELOC in chapter 7, do I still have the right to find out if my ex was discharged from it after foreclosure?
Response 1: First and foremost, B of A is under no legal obligation to discharge the HELOC against your ex after the foreclosure of the first mortgage. The foreclosing lender and the HELOC are not the same. Second, there is no co-debtor protection in a Chapter 7 bankruptcy. So, the Discharge Order in your bankruptcy case only operates to discharge you from your personal obligation on the Note for the first mortgage and the HELOC. It does not operate to discharge your ex's liability on the mortgage and the HELOC.
I filed for chapter 7, but my ex has not and has lived in another country for over 3 years. Foreclosure will likely occur in about 4 months. The HELOC is in both our names.
The property is valued pretty much the same as the total of the mortgage + HELOC according to Zillow and the county's latest property assessment.
I suspect Bank of America will discharge the loan from both of us and maintain the lien against the property, but I'm not sure. I'm concerned that once I'm discharged from the loan via bankruptcy, I won't have the ability to find out if my ex was fully discharged after foreclosure or if I can get something in writing from them stating she has been discharged.
Response 2: See my previous response. The discharge is only for you and not for your ex. B of A would most likely pursue her for the HELOC after the foreclosure of the first mortgage.
I need this information in order to know if she has any basis for suing me in case she isn't discharged from the loan.
Response 3: Yes, she does. Even if your obligation under the HELOC are discharged in bankruptcy, your ex can still sue you for violation of the divorce decree. These are two different things: your obligation to the lenders versus your obligation under the divorce decree. While your obligation to the lenders would be discharged in bankruptcy, your obligation under the divorce decree remains.
Would the bank be required to provide me this information, even after I've been discharged?
Response 4: No, the bank is not required to provide the information to you. Also and more importantly, once you have obtained the Bankruptcy Discharge Order, the lender CANNOT send you a notice of deficiency or any collection notice because that would be in violation of Discharge Injunction. See 11 U.S.C. Section 524.