IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

IN RE: ) 

 ) 

MARIA ALLISON ) Case No. 18−35345−KLP 

 ) Chapter 13 

 Debtor ) 

 

MARIA ALLISON ) 

 ) 

 Plaintiff ) 

 ) 

v. ) APN: 18-______________ 

 ) 

OCWEN LOAN SERVICING, LLC ) 

Serve: Corporation Service Company, R/A ) 

 100 Shockoe Slip, 2d Floor ) 

 Richmond, VA 23219 ) 

 ) 

and ) 

 ) 

DAVID W. DRAPER, TRUSTEE ) 

750 Miller Drive, Suite C-1 ) 

Leesburg, VA 20175 ) 

 ) 

 Defendants ) 

COMPLAINT TO DETERMINE 

THE VALIDITY, PRIORITY OR EXTENT OF LIENS 

 COMES NOW, the Plaintiff, by counsel and respectfully represents unto the Court the 

following: 

 1. The jurisdiction of this Court is founded upon 11 U.S.C. § 1322 and Rule 7001 of 

the Federal Rules of Bankruptcy Procedure. 

 2. This matter is a core proceeding pursuant to 28 U.S.C. § 157(b)(2). 

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 3. The Plaintiff is the Debtor in the above captioned Chapter 13 case, which case 

was filed on October 24, 2018. 

4. The estate of the Plaintiff includes an interest in real estate known as 1015 Swan 

Lane, Ruther Glen, VA 22546, more particularly described as: 

ALL that certain lot, piece or parcel of land, together with all appurtenances 

thereto belonging or in anywise thereto appertaining, lying and being situate in 

Madison Magisterial District, Caroline County, Virginia, designated as Lot 564, 

Section 4, on a plat of Lake Land’Or Development, which plat is of record in the 

Office of the Clerk of the Circuit Court of Caroline County, Virginia in Plat Book 

191, at Page 335. 

(“Property”). 

 5. There is a recorded first deed of trust against the Property by Ocwen Loan 

Servicing, LLC (“Ocwen”), which at the time of the filing of this case had an approximate 

balance of $199,454.00, and which deed of trust is dated February 26, 2007 and is recorded in 

the Clerk’s Office of the Caroline County Circuit Court in Deed Book 891 at Page 283 (“First 

Deed of Trust”). 

6. Ocwen has recorded a second deed of trust dated February 26, 2007 against the 

Property that secures its promissory note, which at the time of the filing of this case had an 

approximate balance of $47,297.00, and which deed of trust was recorded in the Clerk’s Office 

of the Caroline County Circuit Court in Deed Book 891 at Page 298 (“Second Deed of Trust”). 

7. David W. Draper, Trustee is the named Trustee in the Second Deed of Trust and 

is a necessary party to this action. 

 8. Upon information and belief, the value of the Property is $184,600.00 which is 

less than the payoff of the promissory note secured by First Deed of Trust. A copy of the current 

assessment on the Property is attached hereto as Exhibit “A”. 

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 9. Based upon the value of the Property and the balance of the note secured by the 

First Deed of Trust, the Second Deed of Trust on the Property is fully unsecured. 

 WHEREFORE, the Plaintiff respectfully requests that the Court enter an Order declaring 

that Ocwen’s note secured by the Second Deed of Trust is fully unsecured, that the Plaintiff be 

permitted to treat Ocwen’s allowed claim with respect to the Second Deed of Trust as unsecured 

in her Chapter 13 Plan, that the Second Deed of Trust be released against the Property, and for 

such other relief as the Court may deem appropriate. 

Dated: November 21, 2018 

 Respectfully Submitted, 

 MARIA ALLISON 

 

 By: /s/ James E. Kane 

 James E. Kane (VSB #30081) 

KANE & PAPA, P.C. 

1313 East Cary Street 

Richmond, Virginia 23219 

Telephone: (804) 225-9500 

Facsimile: (804) 225-9598 

Email: jkane@kaneandpapa.com 

Counsel for Plaintiff 

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