COMPLAINT_to Determine Value of Rela Property

Embed Size (px)

Citation preview

  • 7/31/2019 COMPLAINT_to Determine Value of Rela Property

    1/6

    COMPLAINT TO DETERMINE VALUE OF REAL PROPERTY - 1

    1

    2

    3

    4

    5

    6

    7

    8

    9

    10

    11

    12

    13

    14

    15

    16

    17

    18

    19

    20

    21

    22

    23

    24

    25

    LEVI REUBEN UKU, CSB # 196406LAW OFFICES OF LEVI REUBEN UKU3540 WILSHIRE BLVD #626LOS ANGELES, CA 90010

    TEL: (213) 385-0193; FAX (213) 385-0576

    Attorneys for Harriet Nyenke

    UNITED STATES BANKRUPTCY COURT

    CENTRAL DISTRICT OF CALIFORNIA, LOS ANGELES

    In re; Harriet Nyenke

    DEBTOR

    _______________________________

    HARRIET NEYNEKE

    Plaintiff

    v.

    HOMEQ SERVICING INC.,

    Defendant.

    _______________________________

    )

    ))))))))))))

    )))

    Case No.:

    1. COMPLAINT TO DETERMINEVALUE OF REAL PROPERTY,DETERMINE THE EXTENT OFSECURED CLAIMS AND TOEXTINGUISH THE LIEN OFHOMEQ SERVICING INC.

    COMES NOW PLAINTIFF AND ALLEGES AS FOLLOWS:

    NATURE OF THE ACTION AND RELIEF SOUGHT

    1. Plaintiff is the debtor in the above entitled Chapter

    13 case filed on January__2009.

    2. The court has jurisdiction over this proceeding

  • 7/31/2019 COMPLAINT_to Determine Value of Rela Property

    2/6

    COMPLAINT TO DETERMINE VALUE OF REAL PROPERTY - 2

    1

    2

    3

    4

    5

    6

    7

    8

    9

    10

    11

    12

    13

    14

    15

    16

    17

    18

    19

    20

    21

    22

    23

    24

    25

    pursuant to 28 U.S.C. 1334 (a).

    3. This is a core proceeding under 28 U.S.C. section 157

    (b) (2) (k) and (D).

    4. Venue properly lies in this judicial district pursuantto 28 U.S.C. sections 1409(a), in that the instant

    proceeding is related to the case under title 11

    of the United States Code, which is before this

    court.

    5. On January_,2009, Plaintiff commenced a case under

    Chapter 13 of title 11 of the United States Code,

    which was assigned case number LA_____6. At all times relevant, Plaintiff was the owner and

    resided at that certain real property commonly

    known as ____, Inglewood, CA 90305.

    7. Plaintiff is informed and believe and based on such,

    allege that as of the filing date, the real

    property had a value of $______, Exhibit A

    attached herewith is copy of appraiser value of

    the subject property.

    8. Plaintiff is informed and believe and based on such

    allege that the real property was subject to a

    first deed of trust in favor of Homeq Servicing

    Inc., which has a correct and a true copy of

    first deed of trust. A true and correct copy of

    Homeq Servicing Inc., monthly statement evidencing

    the balance on the first mortgage loan is attached

    herewith as Exhibit C

    9. Plaintiff is informed and believes and based on such

    alleges that the real property was subject to a

    second deed of trust in favor of Defendant Homeq

  • 7/31/2019 COMPLAINT_to Determine Value of Rela Property

    3/6

    COMPLAINT TO DETERMINE VALUE OF REAL PROPERTY - 3

    1

    2

    3

    4

    5

    6

    7

    8

    9

    10

    11

    12

    13

    14

    15

    16

    17

    18

    19

    20

    21

    22

    23

    24

    25

    Servicing. See Exhibit D is copy second deed of

    trust is attached herein. The balance on the

    second deed of trust as at the date of filing of

    this case was $_____. See, Exhibit E is a copyof the recent statement from Homeq showing the

    balance on the second mortgage.

    VALUATION OF SECURITY.

    10. Plaintiff re-alleges the allegations in paragraphs 1

    through 9 of the complaint as if fully set forth

    herein.11. Plaintiff alleges that the Real Property of the

    bankruptcy estate upon the filing of the petition,

    which commenced the underlying Chapter 13 case.

    12. Pursuant to 11 U.S.C. section 506 (a) and Fed. R.

    Bankruptcy Proc. 3012, Plaintiff request that the

    court determine the value of the real property.

    11. SECOND CAUSE OF ACTION FOR RELIEF

    DETERMINATION OF THE EXTENT OF HOMEQ SERVICING INC., LIEN IN THE

    DEBTORS REAL PROPERTY

    13. Plaintiff re-alleges the allegations in paragraph 1

    through 13 of the complaint as if fully set forth

    herein.

    14. Pursuant to 11 U.S.C. section 506 (a) and Federal R.

    Bankr. Proc. 3012, Plaintiff request the that the

    court determine the nature and extent of the lien

    held by Homeq Servicing pursuant to the First Deed

    of Trust on the Plaintiffs real property.

    111.

  • 7/31/2019 COMPLAINT_to Determine Value of Rela Property

    4/6

    COMPLAINT TO DETERMINE VALUE OF REAL PROPERTY - 4

    1

    2

    3

    4

    5

    6

    7

    8

    9

    10

    11

    12

    13

    14

    15

    16

    17

    18

    19

    20

    21

    22

    23

    24

    25

    THIRD CLAIM FOR RELEIF DETERMINATION OF THE NATURE

    AND EXTENT OF HOMEQ SERVICING SECOND EEED OF TRUST

    15. Plaintiff re-alleges the allegations in paragraphs 1through 14 of the complaint as though set forth

    herein in full.

    16. Pursuant to 11 U.S.C. section 506 (a) and Fed. R.

    Bankr. Proc. 3012, Plaintiff request that the

    court determine the nature and extent of the lien

    held by Homeq Servicing Inc., pursuant to its

    Second deed of Trust on Plaintiffs real property.IV.

    FOURTH CLAIM FOR RELIEF EXTINGUISHMENT OF LIEN

    17. Plaintiff re-alleges the allegations set forth in

    paragraphs 1 through 16 of the complaint as though

    set forth in full herein.

    18. Plaintiff is informed and believes that the Claim of

    Homeq Servicing Inc., pursuant to its second trust

    deed is completely unsecured and under the

    applicable law may be determine to be a general

    unsecured claim.

    19. Plaintiff is informed and believes and based on such

    alleges that the court has the authority under

    applicable law, including 11U.S.C. 1322 (b), to

    confirm a chapter 12 plan which provides for

    second trust deed as general unsecured debt.

    20. Plaintiff is informed and believes and based on such

    alleges that the Court has the authority under

    applicable law to extinguish Homeq Servicing Incs

    Second Trust Deed evidence by the second trust

  • 7/31/2019 COMPLAINT_to Determine Value of Rela Property

    5/6

    COMPLAINT TO DETERMINE VALUE OF REAL PROPERTY - 5

    1

    2

    3

    4

    5

    6

    7

    8

    9

    10

    11

    12

    13

    14

    15

    16

    17

    18

    19

    20

    21

    22

    23

    24

    25

    deed lien against Plaintiffs real property

    subject of this action, upon plaintiffs

    completion of payments under the plan and issuance

    of a discharge.REQUEST FOR JUDGMENT AND ORDERS

    BASED ON THE OFREGOING, debtor requests that the court enter a

    judgment which:

    1. Determine the value of the real property to be $_______ and

    determines that Homeq Servicing lien is secured in an amountexceeding the value of the said real property.

    2. Determines that Homeq Servicing Inc.s second trust deed is

    wholly unsecured;

    3. Extinguished Homeq Servicing Inc.s second trust deed, lien

    and permits modification of the claim under section 1322 (b)

    (2); and

    4. For such other and further relief as the court deems just and

    proper

    Dated: May 17, 2009 By________________________

    Levi Reuben Uku, Esquire

    Attorney for Plaintiff/Debtor

    Harriet Nyenke

  • 7/31/2019 COMPLAINT_to Determine Value of Rela Property

    6/6

    1

    2

    3

    4

    5

    6

    7

    8

    9

    10

    11

    12

    13

    14

    15

    16

    17

    18

    19

    20

    21

    22

    23

    24

    25

    PROOF OF SERVICE BY MAIL (1013a, 2015.5 C.C.P.)

    STATE OF CALIFORNIA )

    )ss.COUNTY OF LOS ANGELES )

    I declare as follows:

    I am a resident of the County asforesaid, I am over the age of 18 years

    and not a party to the entitled action; my address is:

    _____________________________________________________________________________

    On March 3, 2008, I served the following documents:

    SUMMONS AND COMPLAINT FOR QUIET TITLE ACTION

    On the interested parties in this action by placing a true copy thereofenclosed in a sealed envelope addressed as follows:

    LITTON LOAN SERVICESTITLE TRUST DEED SERVICES

    26679 W. Agoura Road Suite 225Calabazas, Ca 91301

    _____ (BY PERSONAL SERVICE) I caused such envelope to be delivered to the

    preceding by messenger.

    _ (BY MAIL) I am readily familiar with the processing of correspondencefor mailing with the United States Postal Service. Under that

    practice it would be deposited with the U.S. Postal Service on

    the same day with postage thereon fully prepaid at Los Angeles,

    California. I am aware that on motion of the party served,

    service is presumed invalid if postal cancellation date or

    postage meter date is more than one day after date of deposit for

    mailing in affidavit.

    _____ (STATE) I declare under penalty of perjury under the laws of the

    State of California that the is true and correct.

    ______ (FEDERAL) I declare that I am employed in the office of amember of the Bar of this Court at whose direction the service

    was made.

    Execute on the __3__ day of MARCH at Whittier, California.

    __________________________