COMPLAINT_to Determine Value of Rela Property

7/31/2019 COMPLAINT_to Determine Value of Rela Property

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COMPLAINT TO DETERMINE VALUE OF REAL PROPERTY - 1

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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.

_______________________________

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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


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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


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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.


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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.


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.


alleges that the Court has the authority under

applicable law to extinguish Homeq Servicing Incs

Second Trust Deed evidence by the second trust


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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


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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.

__________________________

Documents

COMPLAINT_to Determine Value of Rela Property