Your HELOC may be eligible to be categorized as an unsecured debt if the value of your home is less than any portion owed on your HELOC. In other words, say you have a first trust deed for $250,000 and a second trust deed (HELOC) taken out after you purchased your home and originally took title to it for $100,000. The value of your home is estimated at $225,000. No portion of the HELOC could be repaid in the event of a foreclosure therefore it is an unsecured debt. Even though the lender has the right to foreclose pursuant to the terms of the promissory note, there would be no value in doing so.
However, you must check with your state's statute regarding deficiency judgments on purchase and non-purchase money loans. It appears as though your state has very strict guidelines as to your rights with regards to debts and how they are categorized. Your lender may be able to provide you with the information you are requesting but I would check with an attorney to verify that the information provided by your lender is accurate. Hope that helped a little bit.
Diane Wheatley, Broker