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LF-77 (rev. 11/01/17)

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

www.flsb.uscourts.gov

In re: Timothy Sally Case No: 19-17664-LMI

Chapter 13

Debtor /

MOTION TO VALUE AND DETERMINE SECURED STATUS OF LIEN 

ON REAL PROPERTY

IMPORTANT NOTICE TO CREDITORS:

THIS IS A MOTION TO VALUE YOUR COLLATERAL

This Motion seeks to value collateral described below securing the claim of 

the creditor listed below.

IF YOU DISPUTE THE VALUE ALLEGED OR TREATMENT OF YOUR CLAIM 

PROPOSED IN THIS MOTION, YOU MUST FILE A WRITTEN OBJECTION NO 

LATER THAN TWO BUSINESS DAYS PRIOR TO THE SCHEDULED HEARING

[SEE LOCAL RULE 3015-3(A)(2)]

If you have not filed a proof of claim, you have until the later of the claims bar 

date or 21 days from the date this Motion was served upon you to file a proof 

of claim or you will be deemed to have waived the right to payment of any 

unsecured claim to which you might otherwise be entitled. [See Local Rule

3015-3(A)(4)]

1. Pursuant to 11 U.S.C. §506, Bankruptcy Rule 3012, and Local Rule 3015-3, the debtor 

seeks to value real property securing the claim of American Investment 

Services, LLP (the “Lender”). Lender holds a third mortgage recorded at

OR Book 25199 Page 1653-167 , and re-recorded on January 31, 2018 in OR Book 30848 

Page 266-271 in the official records of Miami-Dade County, Florida.

2. The real property is located at 1841 NW 67th Street, Miami, FL 33147 

and is more particularly described as follows:

Lot 28, Block 19, of LIBERTY CITY, according to the Plat 

thereof, as recorded in Plat Book 7, Page 99, of the Public 

Records of Miami-Dade County, Florida; a/k/a 1841 NW 67 

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Street, Miami, Florida 33147

3. At the time of the filing of this case, the value of the real property is $ 105,000.00 as 

determined by an appraisal prepared by P.N.S. Appraisal Corp on June 12, 2019.

4. Wells Fargo Bank, National Association, As Trustee, PHH Mortgage Service holds a lien

on the real property, senior to priority to the Lender, securing claims in the aggregate

amount of $104,593.64

5. American Investment Services, LLP holds a second mortgage lien on the real property, 

senior to priority to the Lender, securing claims in the aggregate amount of $46,569.85

(“second mortgage”). The second mortgage is recorded at OR Book 24996 Page 

1866-1870 , in the official records of Miami-Dade County, Florida.

6. (Select only one):

X Lender’s collateral consists solely of the debtor’s principal residence. As 

there is no equity in the real property after payment in full of the claims 

secured by liens senior to that of Lender, the value of Lender’s secured 

interest in the real property is $0.

Lender’s collateral is not solely the debtor’s principal residence. After 

payment in full of the claims secured by liens senior to that of Lender, there

is equity of $ remaining in the real property. 

Accordingly, the value of Lender’s secured interest in the real property 

is $ X and the value of the Lender’s unsecured, deficiency claim is

$ .

7. The undersigned reviewed the docket and claims register and states (select only one):

Lender has not filed a proof of claim in this case. The trustee shall not 

disburse any payments to Lender unless a proof of claim is timely filed. In 

the event a proof of claim is timely filed, it shall be classified as a secured 

claim to the extent provided in paragraph 5, above, and as a general 

unsecured claim for any deficiency, regardless of the original classification 

in the proof of claim as filed.

or

X Lender filed a proof of claim in this case. It shall be classified as a secured 

claim to the extent provided in paragraph 5, above, and as a general 

unsecured claim for any deficiency, regardless of the original classification 

in the proof of claim.

8. The subject real property may not be sold or refinanced without proper notice 

and further order of the court.

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LF-77 (rev. 11/01/17)

IF THE MOTION TO VALUE STRIPS OFF THE LIEN: WHEREFORE, the debtor

respectfully requests an order of the Court (a) determining the value of the real property in the

amount asserted in this Motion, (b) determining the secured status of the Lender’s lien as stated

above, (c) determining that any timely filed proof of claim is classified as stated above, (d) as 

Lender’s secured interest in the real property is $0, deeming Lender’s lien on the real 

property void and extinguished automatically, without further order of the Court, upon entry of 

the debtor’s discharge in this chapter 13 case, and (e) providing such other and further relief as 

is just.

IF THE MOTION TO VALUE STRIPS DOWN THE LIEN: WHEREFORE, the debtor 

respectfully requests an order of the Court (a) determining the value of the real property in the 

amount asserted in this Motion, (b) determining the secured status of the Lenders lien as stated 

above, (c) determining that any timely filed proof of claim is classified as stated above, (d) since 

Lender’s secured interest in the real property is $ X , deeming Lender’s mortgage on the 

real property to secure such lesser amount (reduced further by payments made during the 

course of this chapter 13 case), without further order of the Court, upon entry of the debtor’s 

discharge in this chapter 13 case, and (e) providing such other and further relief as is just.

NOTICE IS HEREBY GIVEN THAT:

1. In accordance with the rules of this Court, unless an objection is filed with the Court and 

served upon the debtor, the debtor’s attorney, and the trustee at least two (2) business 

days prior to the hearing scheduled on this Motion, the value of the collateral may be 

established at the amount stated above without further notice, hearing or order of the Court. 

Pursuant to Local Rule 3015-3, timely raised objections will be heard at the hearing 

scheduled on the Motion.

2. The undersigned acknowledges that this Motion and the notice of hearing thereon must be

served pursuant to Bankruptcy Rule 7004 and Local Rule 3015-3 at least 21 days prior to 

the hearing date and that a certificate of service must be filed when the Motion and notice 

of hearing thereon are served.

Submitted by:

Maria Alvarez, Esquire

Address: Legal Services of Greater Miami, Inc., 4343 West Flagler Street, Miami, FL 33134

Phone: 305-438-2423

Email: malvarez@legalservicesmiami.org

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