IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

IN RE: ) 

 ) 

KELVIN EUGENE WHITE ) Case No. 18−34030−KRH 

 ) Chapter 13 

 Debtor ) 

 

KELVIN EUGENE WHITE ) 

 ) 

 Plaintiff ) 

 ) 

v. ) APN: 19-______________ 

 ) 

HOWARD DOUGLAS ) 

12392 Caledon Road ) 

King George, VA 22485 ) 

 ) 

and ) 

 ) 

ROBERT W. ACKERMAN, TRUSTEE ) 

319 William Street ) 

Fredericksburg, VA 22401 ) 

 ) 

 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). 

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

was filed on August 8, 2018. 

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4. The estate of the Plaintiff includes an interest in real estate known as 7121 Belle 

Drive, King George, VA, more particularly described as: 

ALL that certain lot, piece or parcel of land, with improvements thereon, lying 

and being in Rappahannock Magisterial District, King George County, Virginia, 

containing 1.0327 acres, more or less, and being more particularly described on a 

house location survey by H. Aubrey Hawkins & Associates, LTD land surveyor 

on the property of John W. Burnett and Edith E. Burnett. 

(“Property”). 

 5. There is a recorded first deed of trust against the Property by Cascade Funding 

Mortgage Trust 2017-1 (“Cascade”), which at the time of the filing of this case had an 

approximate balance of $389,519.00, and which deed of trust is dated December 16, 2005 and is 

recorded in the Clerk’s Office of the King George County Circuit Court in Deed Book 572 at 

Page 183 (“First Deed of Trust”). 

6. Howard Douglas has recorded a second deed of trust dated February 19, 2008 

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

had an approximate balance of $155,000.00, and which deed of trust was recorded in the Clerk’s 

Office of the King George County Circuit Court on April 29, 2008 as Instrument No. 

20080429000025630 (“Second Deed of Trust”). 

7. Robert W. Ackerman, 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 $388,850.00 which is 

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

analysis of the Property is attached hereto as Exhibit “A”. 

 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. 

Case 19-03037-KRH Doc 1 Filed 03/22/19 Entered 03/22/19 16:08:59 Desc Main

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

that Howard Douglas’ note secured by the Second Deed of Trust is fully unsecured, that the 

Plaintiff be permitted to treat VHDA’s allowed claim with respect to the Second Deed of Trust 

as unsecured in his 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: March 22, 2019 

 Respectfully Submitted, 

 KELVIN EUGENE WHITE 

 

 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 

Case 19-03037-KRH Doc 1 Filed 03/22/19 Entered 03/22/19 16:08:59 Desc Main

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SELLER'S REPORT

7120 Belle Dr, King George, VA 22485

P|r|e|s|e|n|t|e|d| |b|y

Gena Hill

REALTOR®

W|o|rk|:| |(|540|)| |663|-|2000| |x|508 | M|o|b| i | l |e|:| |(|540|)| |226|-|3669 |

O|ffi |c|e|:| |(|540|)| |663|-|2000 | F|a|x|:| |(|540|)| |663|-|0385

M|a| i |n|:| |g|e|n|a|.|h| i | l | l |@|c|e|n|t|u|ry|21|.|c|o|m

O|ffi |c|e|:| |g|e|n|a|h| i | l | l |h|o|m|e|s4|u|.|c|o|m

C|e|n|t|u|r|y| |21| |B|a|t|t| l |e|fi |e| l |d| |R|e|a| l | |E|s|t|a|t|e, |I|n|c|.

15521| |R|e|a| l | |E|s|t|a|t|e| |A|v|e

K| i |n|g| |G|e|o|r|g|e, |V|A| |22485

Copyright 2018Realtors PropertyResource®LLC. All RightsReserved.

Informationis not guaranteed. Equal Housing Opportunity. 9/12/2018

Case 19-03037-KRH Doc 1 Filed 03/22/19 Entered 03/22/19 16:08:59 Desc Main

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RVM® Confidence:

7120 Belle Dr, King George, VA 22485

Legend: Subject Property

Sold Date: 1/10/2005

Public Record

Current Estimated Value

$387,340

Last RVM® Update: 8/14/2018

RVM® Est. Range: $344,733 – $429,947

RVM® Change - Last 1 Month: -$510

RVM® Change - Last 12 Months: 10.81%

Your Comp Analysis

$388,850

Last Edited: 9/12/2018

$98 Price per Sq. Ft.

Your Comp Analysis Range

$317,041 – $441,889

This reportcontains data and information that is publicly available and/or licensed from third parties and is provided to you on an "as is"

and "as available" basis. The information is not verified or guaranteed. Neither this report nor the estimated value of a property is an

appraisal of the property. Any valuation shown in this report has been generated by use of proprietary computer software that

assembles publicly available property records and certain proprietary data to arrive at an approximate estimate of a property's value.

Some portions of this report may have been provided by anRPRuser;RPRis not responsible for any content provided by its users. RPR

and its information providers shall not be liable for any claim or loss resulting from the content of, or errors or omissions in, information

contained in this report.

7120 Belle Dr, KingGeorge, VA22485

Copyright 2018Realtors PropertyResource®LLC. All RightsReserved.

Informationis not guaranteed. Equal Housing Opportunity.

9/12/2018

2 of 75

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