Martin

Martin v. CitiFinancial Services, Inc. (In re Martin)

Good Law
491 B.R. 122
United States Bankruptcy Court, Eastern District of CaliforniaApril 10, 2013Bankruptcy No. 09-25459-E-13; Adversary No. 12-2596California4,605 words

Opinion

Lead Opinion

Sargis, J.

MEMORANDUM OPINION AND DECISION

On October 4, 2012, Robin Teresa Martin (“Plaintiff’) commenced this Adversary Proceeding for a determination that the lien, encumbrance, and interest asserted by CitiFinancial Services, Inc. (“Defendant”), in real property commonly known as 41 Monarch Drive, Oroville, California (the “Property”) pursuant to a deed of trust (“Deed of Trust”) are void and of no force and effect. The default of Defendant was entered on December 12, 2012. 1 As ordered by the court, Plaintiff filed and served the present motion for entry of a default judgment.

Defendant filed a proof of claim on May 1, 2009 (“Proof of Claim”), asserting that its claim in the amount of $52,294.71 was secured by the Property pursuant to a Deed of Trust (“Secured Claim”). 2 A copy of the Deed of Trust, bearing a recording date of May 7, 2008, Document No. 2008-17334, with the County Recorder for the County of Butte, California, is attached to the Proof of Claim.

In her Chapter 13 bankruptcy case, the Plaintiff filed a motion for the court to determine the value of Defendant’s Secured Claim pursuant to 11 U.S.C. § 506 (a). On August 27, 2009, the court issued an order determining that…

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