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    Sample Adversary Complaint To Determine Validity of Liens

    Uploaded by

    Stan Burman
    This sample adversary complaint to determine validity, priority and extent of liens is pursuant to Federal Rule of Bankruptcy Procedure 7001, and also includes a request for a declaratory judgment pursuant to Federal Rule of Civil Procedure 57. The sample is used when a party disputes that another party has any valid lien against their real property, although the sample could be modified for use in a case involving personal property. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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    © All Rights Reserved
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    Sample Adversary Complaint To Determine Validity of Liens

    Uploaded by

    Stan Burman
    5K views3 pages
    This sample adversary complaint to determine validity, priority and extent of liens is pursuant to Federal Rule of Bankruptcy Procedure 7001, and also includes a request for a declaratory judgment pursuant to Federal Rule of Civil Procedure 57. The sample is used when a party disputes that another party has any valid lien against their real property, although the sample could be modified for use in a case involving personal property. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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    Sample Adversary Complaint to Determine Validity of Liens

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    This sample adversary complaint to determine validity, priority and extent of liens is pursuant to Federal Rule of Bankruptcy Procedure 7001, and also includes a request for a declaratory judgment pursuant to Federal Rule of Civil Procedure 57. The sample is used when a party disputes that another party has any valid lien against their real property, although the sample could be modified for use in a case involving personal property. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    5K views3 pages

    Sample Adversary Complaint To Determine Validity of Liens

    Uploaded by

    Stan Burman
    This sample adversary complaint to determine validity, priority and extent of liens is pursuant to Federal Rule of Bankruptcy Procedure 7001, and also includes a request for a declaratory judgment pursuant to Federal Rule of Civil Procedure 57. The sample is used when a party disputes that another party has any valid lien against their real property, although the sample could be modified for use in a case involving personal property. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
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    This document appears to be an adversary complaint filed in bankruptcy court to determine the validity and extent of any liens on a property owned by the plaintiff.

    This document is an adversary complaint filed by the plaintiff to have the bankruptcy court determine whether any of the defendants have valid liens against real property owned by the plaintiff and to request a declaratory judgment stating that none of the defendants have valid liens.

    The plaintiff argues that none of the defendants have valid liens because any transfers of title to promissory notes or deeds of trust were not properly perfected under the Uniform Commercial Code or California Commercial Code and none of the defendants are holders in due course or have possession, delivery or control of any collateral or proceeds as required by law.

    1 Any Attorney or Party

    Any Street
    2 Any Town, CA 55555

    3 714-555-5555

    4 Attorney or Party

    8 UNITED STATES BANKRUPTCY COURT

    9 ___________ DISTRICT OF ________

    10

    11 IN RE: ________________, ) Case No.


    )
    12 Debtors, ) Chapter 7
    )
    13 Any Plaintiff ) Adv. Proc No.
    )
    14 Plaintiff, ) ADVERSARY COMPLAINT TO DETERMINE
    ) VALIDITY, PRIORITY AND EXTENT OF LIENS,
    15 vs. ) AND REQUEST FOR DECLARATORY
    ) JUDGMENT
    16 Any Defendants, )
    )
    17 Defendants. )
    )
    18 )
    )
    19

    20 To subscribe to my FREE weekly legal newsletter visit


    21

    22 http://www.legaldocspro.net/newsletter.htm and enter your e-mail


    23
    address. Be sure to remove this notice before using this document.
    24

    25
    COMES NOW, _____________ (Plaintiff), for their complaint against the Defendants,
    26
    _______________(Defendants), and alleges as follows:
    27
    1. This is a core proceeding over which this court has jurisdiction under Title 28
    28

    - 1 -
    ADVERSARY COMPLAINT TO DETERMINE VALIDITY OF LIENS
    1 U.S.C. 157(b).
    2 2. Plaintiff is the debtor in this chapter 7 case which was filed on ___________. Plaintiff
    3
    seeks to have this Court determine the validity, priority and extent of any liens alleged by all
    4
    Defendants, and further requests a declaratory judgment that none of the Defendants has a valid lien
    5

    6
    against the real property located at _________________ (The Real Property) which is owned by

    7 Plaintiff.

    8 3. Plaintiff files this complaint pursuant to the provisions of Federal Rule of Bankruptcy
    9
    Procedure 7001, and files this request for a declaratory judgment pursuant to the provisions of
    10
    Federal Rule of Civil Procedure 57.
    11
    4. Defendants all allege that they have valid liens and/or secured claims against The Real
    12

    13 Property, an allegation which Plaintiff denies.

    14 5. Plaintiff contends that none of the Defendants has a valid lien and/or secured
    15
    claim against The Real Property by virtue of the fact that:
    16
    [a] Any alleged transfers of title to any alleged promissory note and/or deed of trust by
    17
    any of the Defendants were not perfected in accordance with applicable law including but not limited
    18

    19 to, the Uniform Commercial Code and the California Commercial Code;

    20 [b] None of the Defendants are the holder in due course of any instrument which would
    21
    give them the entitlement of enforcement as required by California Commercial Code 3309;
    22
    [c] None of the Defendants have possession, delivery or control of any collateral
    23
    proceeds, original loan documents or accounts under California Commercial Code 9312(b), 9313
    24

    25 possession by delivery, 9314 perfection by control under Sections 9104, 9105 or 9107. Any collateral

    26 or proceeds were sold by the Defendants as Mortgage Backed Securities under a Pooling and
    27

    28

    - 2 -
    ADVERSARY COMPLAINT TO DETERMINE VALIDITY OF LIENS
    1 Servicing Agreement(s) in which the Defendants relinquished all rights, titles, interest as well as
    2 payments to the subject estate, which was sold under California Commercial Code 9318(a);
    3
    To purchase the entire document visit:
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    5 https://legaldocspro.myshopify.com/products/sample-adversary-
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    ADVERSARY COMPLAINT TO DETERMINE VALIDITY OF LIENS

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