There are a number of mitigating factors that make me believe there's a good chance they won't pursue her:
- she lives in another country and it would be very costly to them
- she moves frequently and is very difficult to find
- the house is worth pretty much what's owed, and perhaps slightly more
- the recent government's settlement agreement with the banks has encouraged them to write off second's
Is there any way for me to find out if BofA decided not to pursue my ex, or any information would be available in public records?
Response: If B of A has decided not to pursue her, you would receive a 1099-C addressed to both of you because your names are XXXXX XXXXX HELOC. This is a cancellation of debt. For you, the 1099-C would not matter because your debt would have been discharged in bankruptcy. For her, the 1099-C would be used for filling of her income tax returns. 1099-C is the only way that you would know that B of A has decided not to pursue the debt against her. If there is no issuance of 1099-C, then the debt has not be forgiven.