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LEVI REUBEN UKU, CSB # 196406 LAW OFFICES OF LEVI REUBEN UKU 3540 WILSHIRE BLVD #626 LOS 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 ) Case No.: ) ) 1. COMPLAINT TO DETERMINE DEBTOR ) VALUE OF REAL PROPERTY, ) DETERMINE THE EXTENT OF _______________________________ ) SECURED CLAIMS AND TO ) EXTINGUISH THE LIEN OF HARRIET NEYNEKE ) HOMEQ SERVICING INC. ) Plaintiff ) ) v. ) ) HOMEQ SERVICING INC., ) ) Defendant. ) In re; Harriet Nyenke _______________________________

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. The court has jurisdiction over this proceeding

2.

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pursuant to 28 U.S.C. 1334 (a). 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 pursuant to 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. On January_,2009, Plaintiff commenced a case under Chapter 13 of title 11 of the United States Code, which was assigned case number LA_____ 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. 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 copy of 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 1 through 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

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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: Determine the value of the real property to be $_______ and determines that Homeq Servicing lien is secured in an amount exceeding 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 COUNTY OF LOS ANGELES

) )ss. )

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 thereof enclosed in a sealed envelope addressed as follows: LITTON LOAN SERVICES TITLE TRUST DEED SERVICES 26679 W. Agoura Road Suite 225 Calabazas, 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 correspondence for 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 a member of the Bar of this Court at whose direction the service was made.

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

__________________________

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