HunterSecuritizedNote No Endorse BAC Foreclosing

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
LES ZIEVE, ESQ. #123319
MATTHEW D. TOKARZ, ESQ, #225024
LAW OFFICES OF LES ZIEVE
18377 Beach Boulevard, Suite 210
Huntington Beach, CA 92648
Phone: (714) 848-7920
Facsimile: (714) 848-7650
Email: lzieve@zievelaw.com
Email: mtokarz@zievelaw.com

Attorneys for Secured Creditor
Bank of America, National Association as Successor by Merger to LaSalle Bank National
Association, as Trustee for the registered holders of Bear Stearns Asset Backed Securities I
Trust 2007-HE4 Asset-Backed Certificates, Series 2007-HE4

UNITED STATES BANKRUPTCY COURT

CENTRAL DISTRICT OF CALIFORNIA

LOS ANGELES DIVISION

In re:

Alan Granville Hunter,

Debtor.

Case No.: 2:11-bk-29083-SK

Chapter 13

OBJECTION TO CONFIRMATION
OF CHAPTER 13 PLAN

Confirmation Hearing:
Date: July 14, 2011
Time: 10:00 A.M.
Place: Courtroom 1575
U.S. Bankruptcy Court
255 E Temple Street
Los Angeles, CA 90012

TO THE HONORABLE SANDRA R. KLEIN, DEBTOR, CHAPTER 13
TRUSTEE AND ALL OTHER INTERESTED PARTIES:
In support of the foregoing Objection, Bank of America, National Association as
Successor by Merger to LaSalle Bank National Association, as Trustee for the registered holders
of Bear Stearns Asset Backed Securities I Trust 2007-HE4 Asset-Backed Certificates, Series
Case 2:11-bk-29083-SK Doc 21 Filed 06/06/11 Entered 06/06/11 19:01:33 Desc
Main Document Page 1 of 32

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2007-HE4, (hereinafter "Secured Creditor"), as serviced by Ocwen Loan Servicing, LLC,
hereby alleges as follows:
1. Secured Creditor is the holder of the first deed of trust on the Debtors real
property residence located at 106 South Mountain Avenue C, Monrovia, CA 91016.
SEE DEED OF TRUST ATTACHED TO EXHIBIT "1" AND
MADE A PART HEREOF. SEE ALSO NOTE ATTACHED TO
EXHIBIT "1" AND MADE A PART HEREOF. SEE ALSO
ASSIGNMENT OF DEED OF TRUST ATTACHED HERETO
AS EXHIBIT "2" AND MADE A PART HEREOF.

DEBTORS PLAN UNDERSTATES THE PRE-PETITION ARREARAGES TO SECURED
CREDITOR
2. As set forth in the Plan, the Debtor lists the pre-petition arrearages to Secured
Creditor at $39,779.00. As set forth in the attached Claim (Exhibit 1" hereto), the actual
prepetition arrearages to this creditor are $55,948.11. Debtor has failed to provide cure of
prepetition arrears and rather than provide for the same, accordingly, the plan must not be
confirmed.
WHEREFORE, Secured Creditor prays as follows:
1. That this case be dismissed forthwith with a 180-day bar against refiling.
2. In the event the court is otherwise inclined to confirm the Plan in this case, that
confirmation be conditioned upon the Plan providing that the pre-petition default to Ocwen set
forth in its claim (i.e. $55,948.11) be fully amortized and paid in full.
///
///
///
///
///

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. For such further relief as the Court deems appropriate.

LAW OFFICES OF LES ZIEVE

Dated: June 6, 2011 By: /s/ Les Zieve
Les Zieve, Esq.
Matthew D. Tokarz, Esq.
Attorneys for Secured Creditor

UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA PROOF OF CLAIM
Name oI Debtor Hunter,Alan

Case Number: 11-bk-29083
NOTE. This form shoula not be usea to make a claim for an aaministrative expense arising after the commencement of the case. A request for pavment of an
aaministrative expense mav be filea pursuant to 11 U.S.C. Sec. 503.
Name oI Creditor(the person or other entity to whom the debtor owes money or property): Bank oI America, National
Association as Successor by Merger to LaSalle Bank National Association, as Trustee Ior the registered holders oI Bear Stearns
Asset Backed Securities I Trust 2007-HE4 Asset-Backed CertiIicates, Series 2007-HE4
Name and address where notices should be sent
Ocwen Loan Servicing, LLC
Attn:Bankruptcy Department
1661 Worthington Rd
Suite 100
West Palm Beach, FL 33409
Phone No: 1-888-554-6599
Fax No: 407-737-5634
Check this box to indicate that
this claim amends a previously
Iiled claim.
Court Claim Number:
(If known)

Filed on:
Name and address where payments should be sent
Attn: Cashiering Department
1661 Worthington Rd
Suite 100
West Palm Beach, FL 33409
Trustee payments need to be sent to the below:
Attn: Cashiering Department
P.O. Box 24781
West Palm Beach, FL 33416-4781
Check Box iI you are aware that
anyone else has Iiled a prooI oI claim
relating to your claim. Attach copy
oI statement giving particulars.
Check this box iI you are the debtor
or trustee in this case.
1. Amount of Claim as of Date Case Filed: $ 505948.11

II all or part oI your claim is secured, complete item 4 below: however, iI all oI your claim is unsecured, do not
complete item 4.

II all or part oI your claim is entitled to priority, complete item 5.

Check this box iI claim includes interest or other charges in addition to the principal amount oI claim. Attach
itemized statement oI interest or charges.
2. Basis for Claim: Money loaned
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:

7471
3a. Debtor may have scheduled account as: 3266
(See instruction #2 on reverse side.)
4. Secured Claim(See instruction #4 on reverse side.)
Check the appropriate box iI your claim is secured by a lien on property or a right oI setoII and provide the requested
inIormation.

Nature of property or right of setoff: Real Estate Motor Vehicle Other
Describe:
Property Address: 106 , South Mountain Avenue C , Monrovia , CALIFORNIA - 91016

Value of Property: $ 401000.0 Annual Interest Rate 6.90000

Amount of arrearage and other charges as of time case filed included in secured claim,

if any: $ 55948.11 Basis for perfection: Secured

Amount of Secured Claim:$ 505948.11 Amount Unsecured: $ 0

6. Credits: The amount oI all payments on this claim has been credited Ior the purpose oI making this prooI oI claim.

7. Documents: Attach redacted copies oI any documents that support the claim, such as promissory notes, purchase
orders, invoices, itemized statements or running accounts, contracts, iudgments, mortgages, and security agreements.
You may also attach a summary. Attach redacted copies oI documents providing evidence oI perIection oI
a security interest. You may also attach a summary.(See aefinition of reaactea on reverse siae.)

DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER
SCANNING.
II the documents are not available, please explain:

5. Amount of Claim Entitled to
Priority under 11 U.S.C. Sec 507(a).
If any portion of your claim falls in
one of the following categories, check
the box and state the amount.
SpeciIy the priority oI the claim.
Domestic support obligations
under 11 U.S.C. Sec 507(a)(1)(A)
or (a)(1)(B).
Wages, salaries, or commissions
(up to $11,725*) earned within
180 days beIore Iiling oI the
bankruptcy petition or cessation oI
the debtor`s business, whichever is
earlier 11 U.S.C. Sec 507 (a)(4).
Contributions to an employee
beneIit plan 11 U.S.C. Sec 507
(a)(5).
Up to $2,600* oI deposits toward
purchase, lease, or rental oI
property or services Ior personal,
Iamily, or household use 11 U.S.C.
Sec 507 (a)(7).
Taxes or penalties owed to
governmental units 11 U.S.C. Sec
507 (a)(8).
Other SpeciIy applicable
paragraph oI 11 U.S.C. Sec 507
(a)().
Amount entitled to priority:
$
*Amounts are subiect to aaiustment on
4/1/13 ana everv 3 vears thereafter
with respect to cases commencea on or
after the aate of aaiustment.
Date:
05/06/11
Signature:The person Iiling this claim must sign it. Sign and print name and title, iI any, oI the creditor
or other person authorized to Iile this claim and state address and telephone number iI diIIerent Irom the
notice address above. Attach copy oI power oI attorney, iI any.

/s/ Rushabh Shah, Assistant Manager
FOR COURT USE ONLY
Penaltv for presenting frauaulent claim. Fine of up to $500.000 or imprisonment for up to 5 vears. or both. 18 U.S.C. Secs. 152 ana 3571.
created with evaluation soItware Irom www.xmlpdI.com
Case 2:11-bk-29083-SK Claim 1-1 Filed 05/08/11 Desc Main Document Page 1 of
26
Exhibit 1

EXHIBIT "A"
ITEMIZATION OF CLAIM

Date of Filing: 05/02/2011


Debtor: Hunter,Alan

Creditor: Bank of America, National Association as Successor by Merger to LaSalle Bank National
Association, as Trustee for the registered holders of Bear Stearns Asset Backed Securities I Trust
2007-HE4 Asset-Backed Certificates, Series 2007-HE4

Arrearage:
Monthly Payments: $ 46575.00
Late Charges: $ 794.56
Non Sufficient Fund Charges: $ 0.0
Escrow Advances: $ 6009.69
Fees, Costs & Property Preservation Expenses: $ 4298.86
Securitized Interest Arrearage: $ 0.0
Interest on Claim: $ 0.0
POC Fee: $ 150.0
(Forbearance Suspense): $ ( 0.0 )
(Miscellaneous Suspense): $ ( 0.0 )
(Pre-Pet Suspense): $ ( 1880.0 )
TOTAL ARREARAGE: $ 55948.11

`Post-Petition payment amount (including escrow if any) is $ 2587.5
`Applicable in states where the trustee is required to make post-petition payments on debtors behalf`
`Subject to change according to terms of your note and mortgage`
26
Exhibit 1

P&I Schedule:

From To Rate Days P&I
12/01/2009 12/31/2009 6.90000 30 2587.5
01/01/2010 01/31/2010 6.90000 30 2587.5
02/01/2010 02/28/2010 6.90000 30 2587.5
03/01/2010 03/31/2010 6.90000 30 2587.5
04/01/2010 04/30/2010 6.90000 30 2587.5
05/01/2010 05/31/2010 6.90000 30 2587.5
06/01/2010 06/30/2010 6.90000 30 2587.5
07/01/2010 07/31/2010 6.90000 30 2587.5
08/01/2010 08/31/2010 6.90000 30 2587.5
09/01/2010 09/30/2010 6.90000 30 2587.5
10/01/2010 10/31/2010 6.90000 30 2587.5
11/01/2010 11/30/2010 6.90000 30 2587.5
12/01/2010 12/31/2010 6.90000 30 2587.5
01/01/2011 01/31/2011 6.90000 30 2587.5
02/01/2011 02/28/2011 6.90000 30 2587.5
03/01/2011 03/31/2011 6.90000 30 2587.5
04/01/2011 04/30/2011 6.90000 30 2587.5
05/01/2011 05/31/2011 6.90000 30 2587.5
26
Exhibit 1

EXHIBIT "B"
Payoff Information

Unpaid Principal Balance: $ 450000.0

Interest From: 12/01/2009 to 05/31/2011 $ 46575.0

Late Charges: $ 794.56

Non Sufficient Fund Charges: $ 0.0

Escrow Advances: $ 6009.69

Fees, Costs & Property Preservation Expenses: $ 4298.86

Securitized Interest Arrearage: $ 0.0

Interest On Claim: $ 0.0

POC Fee: $ 150.0

(Miscellaneous Suspense): $ ( 0.0 )

(Forbearance Suspense): $ ( 0.0 )

(Pre-Pet Suspense): $ ( 1880.0 )

Payoff as of: 05/02/2011 $ 505948.11

Per Diem Amount: $ 86.25
26
Exhibit 1
Name: AIan Hunter
Loan Number: ******3266
Description Amount
Bankruptcy Cost $75.00
Property Inspection Fee $10.50
Property VaIuation Fee - BPO $109.00
Bankruptcy Fee $150.00
TitIe Search $765.00
Certified MaiI Cost $6.48
Exhibit C
Pre-Petition Fee,Costs & Property Preservation Expenses Breakdown
26
Exhibit 1
Outstanding FC Fees and Cost $2,673.00
TotaI $4,298.86
26
Exhibit 1
26
Exhibit 1
26
Exhibit 1
26
Exhibit 1
Case 2:11-bk-29083-SK Claim 1-1 Filed 05/08/11 Desc Main Document Page 10
of 26
Exhibit 1
of 26
Exhibit 1
of 26
Exhibit 1
of 26
Exhibit 1
of 26
Exhibit 1
of 26
Exhibit 1
of 26
Exhibit 1
of 26
Exhibit 1
of 26
Exhibit 1
of 26
Exhibit 1
of 26
Exhibit 1
of 26
Exhibit 1
of 26
Exhibit 1
of 26
Exhibit 1
of 26
Exhibit 1
of 26
Exhibit 1
of 26
Exhibit 1
Exhibit 2
Exhibit 2

In re:
Alan Granville Hunter,
Debtor.
CHAPTER 13

CASE NUMBER 2:11bk29083SK

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
June 2011 F 9013-3.1

PROOF OF SERVICE OF DOCUMENT

I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is:

18377 Beach Boulevard, Suite 210
Huntington Beach, CA 92648

A true and correct copy of the foregoing document described OBJECTIONTOCONFIRMATIONOFCHAPTER13
PLANwill be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d);
and (b) in the manner indicated below:

I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF) Pursuant to controlling General
Order(s) and Local Bankruptcy Rule(s) (LBR), the foregoing document will be served by the court via NEF and hyperlink
to the document. On I checked the CM/ECF docket for this bankruptcy case or adversary
proceeding and determined that the following person(s) are on the Electronic Mail Notice List to receive NEF transmission
at the email address(es) indicated below:
[ ] Service information continued on attached page

II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL(indicate method for each person or entity served):
On June 6,, 2011 I served the following person(s) and/or entity(ies) at the last known
address(es) in this bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed
envelope in the United States Mail, first class, postage prepaid, and/or with an overnight mail service addressed as
follows. Listing the judge here constitutes a declaration that mailing to the judge will be completed no later than 24 hours
after the document is filed.

AlanGranvilleHunter,Debtor
106S.MountainAvenueC
Monrovia,CA91016
(viaU.S.regularmail)
KathyADockery(TR)
700S.FlowerStreet,Suite1950
LosAngeles,CA90017
UnitedStatesTrustee(LA)
725SFigueroaSt.,26thFloor
LosAngeles,CA90017
U.S.BankruptcyCourtJudge
HonorableSandraR.Klein
255E.TempleStreet,Suite1582
LosAngeles,CA90012
MatthewDResnik
DebtorsAttorney
510W6thSt,Ste1220
LosAngeles,CA90014


III. SERVED BY PERSONAL DELIVERY, FACSIMILE TRANSMISSION OR EMAIL (indicate method for each person or
entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on I served the following
person(s) and/or entity(ies) by personal delivery, or (for those who consented in writing to such service method), by
facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration that personal delivery on
the judge will be completed no later than 24 hours after the document is filed.


I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

June 6, 2011 Michele Dapello /s/ Michele Dapello
Date Type Name Signature


HunterSecuritizedNote No Endorse BAC Foreclosing

Încărcat de

Informații document

Descriere originală:

Drepturi de autor

Formate disponibile

Partajați acest document

Partajați sau inserați document

Opțiuni de partajare

Vi se pare util acest document?

Este necorespunzător acest conținut?

Drepturi de autor:

Formate disponibile

HunterSecuritizedNote No Endorse BAC Foreclosing

Încărcat de

Drepturi de autor:

Formate disponibile

1

S-ar putea să vă placă și