I am in a chapter 7 (open) and my attorney said that the line of equity on my home cannot be discharged but I just spoke with the bank Well Fargo Home Equity line division and they stated that the loan can be discharged.
Can you help. Should I believe my attorney or the bank?
Go with your attorney. He or she can provide you written verification as to the basis for their answer if desired.
Your obligation to pay the debt can be discharged. But the lien cannot be removed in chapter 7 (underwater strip). To strip the lien, you must do a chapter 13.
The debt absolutely can be discharged. If you move you will not owe a dime. However, the bank retains its lien on your home. If you do not pay Wells Fargo can foreclose. Don't confuse the debt and the mortgage lien.
The questions and answers posted on AVVO are for general information and should not be treated as legal advice or establishing an attorney-client relationship.
There is a difference between the MONEY owed and the LIEN. That may be where you and the bank and lawyer may not be talking about the same things.
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
Why are you talking to us? Go with your attorney!!!!!! The misunderstanding is with the terms used. The Debt is discharged & the lien is not. Pay no mind to a front-line phone operator!!! who does not work for you & is not licensed to practice law in your state!
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline