Case 09-11846-SSM Doc 24 Filed 06/08/09 Entered 06/08/09 12:10:26 Desc Main

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UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION

In Re: Jeffrey L. Tuttle Case No: 09-11846-SSM

Kathlyn Tuttle, Chapter 13
Debtors AP No.

Jeffrey & Kathlyn Tuttle,

Plaintiffs

v.

Wachovia Bank,
Defendant

COMPLAINT TO DETERMINE
SECURED STATUS AND AVOID LIEN

Come now Jeffrey & Kathlyn Tuttle, Debtors, by counsel and by counsel and say as

follows:

1. Debtors are before the court as Chapter 13 debtors in the above captioned case.

2. This complaint is filed under Bankruptcy Rule 7001 to determine the validity of

a lien.

3. Jurisdiction lies with this court under 28 USC §151 and 28 USC §157. This is a core

proceeding under 28 USC §157(b)(2).

4. Included in the Chapter 13 estate of this case is Debtors’ real property identified as

13073 Taverner Loop, Woodbridge, VA 22192 and more fully described as follows:

LOT 51, Section 2, PRINCE WILLIAM TOWN CENTER, as the same appears duly dedicated,
platted and recorded in Instrument No. 200207160090702 and shown on plat recorded in
Instrument No. 200207160090703, among the land records of Prince William County, Virginia.

Being the same property conveyed to M/I Homes of DC, LLC by Deed recorded in aforesaid
land records.
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5. Said property is subject to a recorded Deed of Trust held by Defendant, Wachovia

Bank.

6. At the time the Chapter 13 petition was filed, said property was valued at $335,000.00.

See Exhibit 1, Appraisal dated March 7, 2009, showing value by Sales Comparison Approach.

7. There exists one recorded Deed of Trust in favor of GMAC Mortgage, which is prior

and superior to the Deed of Trust held by the Defendant.

8. The amount owed to the holder of the prior first Deed of Trust is $383,907.25. See

Exhibit 2, GMAC Mortgage Statement dated June 3, 2009.

9. The secured value of the interest of said property for the purpose of Debtors’ Chapter

13 is $0.00 (zero) and the claim shall be treated as unsecured for the purposes of this bankruptcy.

Wherefore, debtors pray for a judgment:

a. Declaring that Defendant, Wachovia Bank, holds an unsecured claim;

b. Declaring that the Deed of Trust of Defendant, Wachovia Bank, shall be null and void
upon Debtors’ discharge from Chapter 13.

c. Ordering Defendant, Wachovia Bank, to record a release of their Deed of Trust upon
Debtors’ discharge from Chapter 13.

Respectfully submitted,
Richard & Carolyn Lopez,
by Counsel
Date: June 8, 2009

/s/ Klinette H. Kindred

Klinette Kindred VSB #18000
Robert R. Weed VSB #24646
Law Offices of Robert Weed
311 N. Washington Street, 3rd Floor
Alexandria, VA 22314
(703) 518-8811; (703) 656-4976 Fax