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