should my proof of claim be listed as secured or unsecured

[maci1818]

I have to file a proof of claim for a home equity loan that my husband owes.
The loan is in my name.
and is secured but he owes it to me so would that be unsecured on my POC form?

[momofthree]

If he doesn't pay, can you repossess property from him? If the answer is no, then it is an unsecured loan. If the loan is secured (and recorded as a lien) on property that you can repossess, then it is a secured claim, and he will have the option of surrendering the property. If he does surrender, you can then sell the asset, and if there is still a remaining balance (called a deficiency balance), you can file an unsecured claim for that remaining deficiency balance and you'll be paid at the same rate as the other unsecured creditors.