IN THE UNITED STATE BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

In re: LINWOOD ONEAL FISHER, Case Number: 13-35357-KLP

Debtor. Chapter 13

Trustee: Suzanne E. Wade

LINWOOD ONEAL FISHER, AP Case Number: __________

Plaintiff,

v.

HOMEPLUS FINANCE CORPORATION,

and

MARTIN J.A. YEAGAR, TRUSTEE,

Defendants.

Serve: Thomas Zimmerman

President, Homeplus Finance Corporation

600 Lairport Street

El Segundo, CA 90245

Serve: Incorp Services, Inc.

Registered Agent, Homeplus Finance Corporation

5716 Corsa Ave., Ste 110

Westlake Village, CA 91362

Serve: Martin J.A. Yeagar, Trustee

1522 Scandia Circle

Reston, VA 20190

COMPLAINT TO DETERMINE VALIDITY, PRIORITY, AND EXTENT OF JUNIOR 

MORTGAGEE’S LIEN

COMES NOW the Debtor-Plaintiff, Linwood Oneal Fisher, by Counsel, pursuant to 11 

U.S.C. §506(a)(1) and Rules 3012 and 7001 of the Federal Rules of Bankruptcy Procedure, and 

respectfully moves this Court to determine the value of Homeplus Finance Corporation’s 

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secondary lien, and to strip off this lien because it is wholly unsecured, and in support thereof, 

states as follows:

1. This is an action by the Debtor-Plaintiff (hereinafter the “Plaintiff”) under 11 U.S.C. 

§506(a) to determine the validity, priority, and extent of the interest of the secondary lien 

holder, Homeplus Finance Corporation (“Homeplus”), and its successors and assigns, and 

the Trustee, Martin J.A. Yeagar, (together, the “Defendants”), in the residential property 

of the Plaintiff, and to modify that interest.

2. This Court has jurisdiction over this matter pursuant to 28 U.S.C. §1334, and this is a 

core proceeding pursuant to 28 U.S.C. §157(b)(2).

3. On October 11, 2013, the Plaintiff filed for relief under Chapter 13 of the Bankruptcy 

Code.

4. Defendant Homeplus is a corporation organized and existing under the laws of 

California, with headquarters located at 600 Lairport Street, in El Segundo, California, 

90245.

5. Trustee Martin J.A. Yeager is a Virginia resident, whose address is 1522 Scandia Circle, 

in Reston, Virginia, 20190.

6. The Plaintiff owns real estate (the “Real Property”), located at 3910 Orion Court, in 

Henrico, Virginia, 23231, and legally described as:

ALL THAT CERTAIN LOT, PIECE OR PARCEL OF 

LAND, WITH ALL IMPROVEMENTS THEREON AND 

APPURTENANCES THEREUNTO BELONGING, 

LYING AND BEING IN VARINA DISTRICT, HENRICO 

COUNTY, VIRGINIA, SHOWN AND DESIGNATED AS 

LOT 46, BLOCK J, SECTION 2, AS SHOWN ON THAT 

CERTAIN PLAT LAWNDALE FARMS, SECTION 2, 

FAIRFIELD DISRICT, HENRICO COUNTY, VIRGINIA, 

DATED FEBRUARY 21, 1962, MADE BY LAPRADE 

BROS., CERTIFIED ENGINEERS AND SURVEYORS, 

RICHMOND, VIRGINIA, DULLY RECORDED APRIL 

4, 1962, IN PLAT BOOK 33, PAGE 5 AND 6 IN THE 

CLERK’S OFFICE, CIRCUIT COURT, HENRICO 

COUNTY, VIRGINIA, TO WHICH PLAT REFERENCE 

IS HEREBY MADE FOR A MORE PARTICULAR 

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DESCRIPTION OF THE PROPERTY HEREIN 

CONVEYED. 

SUBJECT TO RESTRICTIONS, RESERVATIONS, 

EASEMENTS, COVENANTS, OIL, GAS OR MINERAL 

RIGHTS OF RECORD, IF ANY.

7. The Real Property is encumbered by a first lien, a recorded Deed of Trust with Bayview 

Loan Servicing, LLC (Exhibit A), executed on June 29, 2007, and recorded on July 5, 

2007, securing a loan of $155,000.00. As reflected in the Proof of Claim filed by 

Bayview Loan Servicing, LLC, the Plaintiff’s balance on the loan at the time of filing 

was approximately $151,908.32 (Exhibit B).

8. An Order Approving Loan Modification was entered by this Court on September 2, 2015, 

modifying the first lien with Bayview Loan Servicing, LLC, to a new principal balance of 

$161,828.99 (Exhibit C).

9. The Real Property is further encumbered by a second lien, a recorded Home Equity Line 

Credit Deed of Trust (Exhibit D), executed on February 8, 2008, and recorded on March 

27, 2008, securing a loan of approximately $14,693.00. The original loan was serviced 

by Lifelong Coatings of America, and subsequently transferred to Homeplus Finance 

Corporation. As reflected in the Proof of Claim filed by Homeplus Finance Corporation, 

the Plaintiff’s balance on this loan at the time of filing was approximately $10,024.46

(Exhibit E).

10. At the time the Debtor filed his bankruptcy petition, the County of Henrico assessed the 

Real Property at $116,700.00 (Exhibit F).

11. The amount owed on the first lien exceeds the value of the Real Property. Therefore, the 

second lien is wholly unsecured and is subject to avoidance.

WHEREFORE, the Plaintiff respectfully requests that the Court:

1. Value the Plaintiff's Real Property;

2. Declare that the first Deed of Trust in favor of Bayview Loan Servicing, LLC, is properly 

secured;

3. Declare that the second Deed of Trust in favor of the Defendants is wholly unsecured and 

hereby avoided; and

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4. Direct that the Defendant shall merely be allowed an unsecured claim in the Plaintiff's 

bankruptcy case, not to exceed $10,024.46;

5. Direct that the Defendant release its lien against the Real Property immediately upon 

entry of the Discharge Order in the Plaintiff's bankruptcy case; and

6. Grant such further relief as this Honorable Court deems just and proper.

Respectfully Submitted,

LINWOOD ONEAL FISHER

/s/ Keith A. Pagano, Esq.

Keith A. Pagano, Esq. VSB#47845

Pagano & Marks, P.C.

4510 S. Laburnum Ave.

Richmond, VA 23231

804-447-1002

Counsel for the Debtor-Plaintiff

CERTIFICATE OF SERVICE

I certify that on September 30, 2015 a copy of the foregoing Complaint was mailed via CM/ECF 

to Suzanne E. Wade at station17@ricva.net, and via first class mail, postage prepaid, or 

electronically to all parties listed below:

/s/ Keith A. Pagano, Esq.

Keith A. Pagano, Esq.

Office of the United States Trustee

701 E. Broad Street

Richmond, VA 23219

Homeplus Finance Corporation

600 Lairport Street

El Segundo, CA 90245

Thomas Zimmerman

President, Homeplus Finance Corporation

600 Lairport Street

El Segundo, CA 90245

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Incorp Services, Inc.

Registered Agent, Homeplus Finance Corporation

5716 Corsa Ave., Ste 110

Westlake Village, CA 91362

Martin J.A. Yeagar, Trustee

1522 Scandia Circle

Reston, VA 20190

Linwood Oneal Fisher

3910 Orion Court

Henrico, VA 23231

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