HELOC or Purchase Loan?

Is the law on my side, or the banks?

I’m Foreclosing on a home in Arizona which is a Non-Recourse/Anti-Deficiency state.

I have a 2nd loan which they called a HELOC?

I have read that loans taken out at the time of purchase are “Purchase Money Loans,” and therefore they are Non-Recourse and the bank cannot come after you.

This “HELOC” was taken at the time of purchase…I could not have purchased the house without the loan…I did NOT take ANY money OUT at the time of purchase…heck, I didn’t even have equity in the house, so how could they have given me a HELOC!

Can the bank legally come after me and win for this loan after Foreclosure?

Is it a HELOC or Purchase Loan?


Bought the house for $229,000

Downpayment of $10,000

1st Loan is $185,000

2nd Loan “Called a HELOC”…says on the statement HELOC for $34,000