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Appraisal needed for LAM motion?
Great stuff. Thanks to you and David Tilem for comments.
15355 Brookhurst St., Suite 202
Westminster, CA 92683
714-418-9735
714-418-9738 (fax)
To: cdcbaa@yahoogroups.com
Sent: Friday, May 23, 2008 2:33:36 AM
Subject: [cdcbaa] Re: Appraisal needed for LAM motion?
Generally, an owner of real property has the requisite expertise to
provide an opinion of value. Refer to the Fed.R.Evid. My practice
has been to obtain the appraisal prior to filing and to make reference
to the appraisal on Schedule A.
The Lam Motion is to establish the value of property. Know your
judge! Judge Zurzolo applies the code and rules strictly. You may
not avoid a lien without a complaint. The avoidance of a lien impairs
property interests, and so, Rule 7001 applies, requiring due process
through an adversary.
The Valley judges enter orders upon my Lam Motion that is to determine
value and, therefore, requests cessation of payments under the Timbers
of Inwood case and the Zimmer decision of the 9th Circuit. Make sure
all of your evidence is admissible and properly introduced by
competent testimony. Remember, there may not be opposition, but you
need not take the chance.
Once the motion is granted, payments cease. Confirm a plan with
reference to the order. Later on, bring the adversary to avoid the
lien and have that order recorded against title. With the order on
the motion entered, an answer cannot deny the allegations to avoid the
lien. A simple Rule 12 motion is filed to have judgment entered to
avoid the lien upon entry of the discharge. Upon entry of the
discharge, a further order needs to be entered that triggers the
avoidance that gets recorded.
Lou Esbin
>
> Your client would likely be seen as having a conflict of interest
between
> his desire to strip the lien and his "expertise".
>
>
>
> It seems to me that too much is at stake to be penny wise and pound
foolish.
>
>
>
>
> Patrick T. Green, Esq.
>
> Fitzgerald & Green
>
> Attorneys at Law
>
> 1010 E. Union Street
>
> Suite 206
>
> Pasadena, CA 91106
>
> Tel: 626-449-8433
>
> Fax: 626-449-0565
>
> pat@...
>
>
>
Behalf Of
> Jeffrey Cancilla
> Sent: Tuesday, May 20, 2008 9:35 PM
> To: CDCBAA
> Subject: [cdcbaa] Appraisal needed for LAM motion?
>
>
>
> In a chapter 13, the house is worth less than the first mortgage
> amount, according to information found on internet. There is a second
> mortgage lien that I want to strip. Is an
> appraisal required, or would some comparables pulled from internet
> work? Client is a real estate agent, so can speak w/ some authority on
> the value of her house. I want to avoid paying a licensed appraiser if
> possible. Thanks in advance for your help.
>
>
>
> Law Office of Jeffrey A. Cancilla & Associates
> 15355 Brookhurst St., Suite 202
> Westminster, CA 92683
> 714-418-9735
> 714-418-9738 (fax)
>
Great stuff. Thanks to you and David Tilem for comments.
Law Office of Jeffrey A. Cancilla & Associates15355 Brookhurst St., Suite 202Westminster, CA 92683714-418-9735714-418-9738 (fax)
Generally, an owner of real property has the requisite expertise toprovide an opinion of value. Refer to the Fed.R.Evid. My practicehas been to obtain the appraisal prior to filing and to make referenceto the appraisal on Schedule A.The Lam Motion is to establish the value of property. Know yourjudge! Judge Zurzolo applies the code and rules strictly. You maynot avoid a lien without a complaint. The avoidance of a lien impairsproperty interests, and so, Rule 7001 applies, requiring due processthrough an adversary.The Valley judges enter orders upon my Lam Motion that is to determinevalue and, therefore, requests cessation of payments under the Timbersof Inwood case and the Zimmer decision of the 9th Circuit. Make sureall of your evidence is admissible and properly introduced bycompetent testimony. Remember, there may not be opposition, but youneed not take the chance.Once the
motion is granted, payments cease. Confirm a plan withreference to the order. Later on, bring the adversary to avoid thelien and have that order recorded against title. With the order onthe motion entered, an answer cannot deny the allegations to avoid thelien. A simple Rule 12 motion is filed to have judgment entered toavoid the lien upon entry of the discharge. Upon entry of thedischarge, a further order needs to be entered that triggers theavoidance that gets recorded. Lou Esbin--- In cdcbaa@yahoogroups. com, "Patrick Green" <pat@...> wrote:>> Your client would likely be seen as having a conflict of interestbetween> his desire to strip the lien and his "expertise".> > > > It seems to me that too much is at stake to be penny wise and
according to information found on internet. There is a second> mortgage lien that I want to strip. Is an> appraisal required, or would some comparables pulled from internet> work? Client is a real estate agent, so can speak w/ some authority on> the value of her house. I want to avoid paying a licensed appraiser if> possible. Thanks in advance for your help.> > > > Law Office of Jeffrey A. Cancilla & Associates> 15355 Brookhurst St., Suite 202> Westminster, CA 92683> 714-418-9735> 714-418-9738 (fax)>
The post was migrated from Yahoo.
Yes, perhaps a BPO will do the job. Thank you,
15355 Brookhurst St., Suite 202
Westminster, CA 92683
714-418-9735
714-418-9738 (fax)
To: cdcbaa@yahoogroups.com
Sent: Thursday, May 22, 2008 9:50:19 PM
Subject: RE: [cdcbaa] Appraisal needed for LAM motion?
Your client would likely be seen as having a conflict of interest between his desire to strip the lien and his expertise.
It seems to me that too much is at stake to be penny wise and pound foolish.
Patrick T. Green, Esq.
Fitzgerald & Green
Attorneys at Law
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw. com
From:cdcbaa@yahoogroups. com [mailto:cdcbaa@ yahoogroups. com] On Behalf Of Jeffrey Cancilla
Sent: Tuesday, May 20, 2008 9:35 PM
To: CDCBAA
Subject: [cdcbaa] Appraisal needed for LAM motion?
In a chapter 13, the house is worth less than the first mortgage
amount, according toinformation found on internet. There is a second mortgage lien that I want to strip. Is an
appraisal required, or would some comparables pulled from internet
work? Client is a real estate agent, so can speak w/ some authority on
the value of her house. I want to avoid paying a licensed appraiser if
possible. Thanks in advance for your help.
Law Office of Jeffrey A. Cancilla & Associates
15355 Brookhurst St., Suite 202
Westminster, CA 92683
714-418-9735
714-418-9738 (fax)
Yes, perhaps a BPO will do the job. Thank you, Law Office of Jeffrey A. Cancilla & Associates15355 Brookhurst St., Suite 202Westminster, CA 92683714-418-9735714-418-9738 (fax)
The post was migrated from Yahoo.
charset="windows-1251"
It's a question of evidence and burden of proof. Your client is certainly
"competent" to offer his/her opinion of value and if no one offers any
contrary evidence, you should succeed. If someone does offer contrary
evidence, you may have an evidentiary hearing on your hands - you can hire
an appraiser at that point. I would suggest that your client's declaration
be supplemented with at least one other broker/agent declaration.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
The post was migrated from Yahoo.
Generally, an owner of real property has the requisite expertise to
provide an opinion of value. Refer to the Fed.R.Evid. My practice
has been to obtain the appraisal prior to filing and to make reference
to the appraisal on Schedule A.
The Lam Motion is to establish the value of property. Know your
judge! Judge Zurzolo applies the code and rules strictly. You may
not avoid a lien without a complaint. The avoidance of a lien impairs
property interests, and so, Rule 7001 applies, requiring due process
through an adversary.
The Valley judges enter orders upon my Lam Motion that is to determine
value and, therefore, requests cessation of payments under the Timbers
of Inwood case and the Zimmer decision of the 9th Circuit. Make sure
all of your evidence is admissible and properly introduced by
competent testimony. Remember, there may not be opposition, but you
need not take the chance.
Once the motion is granted, payments cease. Confirm a plan with
reference to the order. Later on, bring the adversary to avoid the
lien and have that order recorded against title. With the order on
the motion entered, an answer cannot deny the allegations to avoid the
lien. A simple Rule 12 motion is filed to have judgment entered to
avoid the lien upon entry of the discharge. Upon entry of the
discharge, a further order needs to be entered that triggers the
avoidance that gets recorded.
Lou Esbin
>
> Your client would likely be seen as having a conflict of interest
between
> his desire to strip the lien and his "expertise".
>
>
>
> It seems to me that too much is at stake to be penny wise and pound
foolish.
>
>
>
>
> Patrick T. Green, Esq.
>
> Fitzgerald & Green
>
> Attorneys at Law
>
> 1010 E. Union Street
>
> Suite 206
>
> Pasadena, CA 91106
>
> Tel: 626-449-8433
>
> Fax: 626-449-0565
>
> pat@...
>
>
>
Behalf Of
> Jeffrey Cancilla
> Sent: Tuesday, May 20, 2008 9:35 PM
> To: CDCBAA
> Subject: [cdcbaa] Appraisal needed for LAM motion?
>
>
>
> In a chapter 13, the house is worth less than the first mortgage
> amount, according to information found on internet. There is a second
> mortgage lien that I want to strip. Is an
> appraisal required, or would some comparables pulled from internet
> work? Client is a real estate agent, so can speak w/ some authority on
> the value of her house. I want to avoid paying a licensed appraiser if
> possible. Thanks in advance for your help.
>
>
>
> Law Office of Jeffrey A. Cancilla & Associates
> 15355 Brookhurst St., Suite 202
> Westminster, CA 92683
> 714-418-9735
> 714-418-9738 (fax)
>
The post was migrated from Yahoo.
Your client would likely be seen as having a conflict of interest between
his desire to strip the lien and his "expertise".
It seems to me that too much is at stake to be penny wise and pound foolish.
Patrick T. Green, Esq.
Fitzgerald & Green
Attorneys at Law
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.
In a chapter 13, the house is worth less than the first mortgage
amount, according toinformation found on internet. There is a second mortgage lien that I want to strip. Is an
appraisal required, or would some comparables pulled from internet
work? Client is a real estate agent, so can speak w/ some authority on
the value of her house. I want to avoid paying a licensed appraiser if
possible. Thanks in advance for your help.
15355 Brookhurst St., Suite 202
Westminster, CA 92683
714-418-9735
714-418-9738 (fax)
In a chapter 13, the house is worth less than the first mortgageamount, according to information found on internet. There is a second mortgage lien that I want to strip. Is anappraisal required, or would some comparables pulled from internetwork? Client is a real estate agent, so can speak w/ some authority onthe value of her house. I want to avoid paying a licensed appraiser ifpossible. Thanks in advance for your help. Law Office of Jeffrey A. Cancilla & Associates15355 Brookhurst St., Suite 202Westminster, CA 92683714-418-9735714-418-9738 (fax)
The post was migrated from Yahoo.