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1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Attorney or Party

8 UNITED STATES BANKRUPTCY COURT

9 ___________ DISTRICT OF ________

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11 IN RE: ________________, ) Case No.


)
12 Debtors, ) Chapter 7
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13 Any Plaintiff ) Adv. Proc No.
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14 Plaintiff, ) ADVERSARY COMPLAINT TO DETERMINE
) VALIDITY, PRIORITY AND EXTENT OF LIENS,
15 vs. ) AND REQUEST FOR DECLARATORY
) JUDGMENT
16 Any Defendants, )
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17 Defendants. )
)
18 )
)
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address. Be sure to remove this notice before using this document.
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COMES NOW, _____________ (Plaintiff), for their complaint against the Defendants,
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_______________(Defendants), and alleges as follows:
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1. This is a core proceeding over which this court has jurisdiction under Title 28
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ADVERSARY COMPLAINT TO DETERMINE VALIDITY OF LIENS
1 U.S.C. 157(b).
2 2. Plaintiff is the debtor in this chapter 7 case which was filed on ___________. Plaintiff
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seeks to have this Court determine the validity, priority and extent of any liens alleged by all
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Defendants, and further requests a declaratory judgment that none of the Defendants has a valid lien
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against the real property located at _________________ (The Real Property) which is owned by

7 Plaintiff.

8 3. Plaintiff files this complaint pursuant to the provisions of Federal Rule of Bankruptcy
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Procedure 7001, and files this request for a declaratory judgment pursuant to the provisions of
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Federal Rule of Civil Procedure 57.
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4. Defendants all allege that they have valid liens and/or secured claims against The Real
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13 Property, an allegation which Plaintiff denies.

14 5. Plaintiff contends that none of the Defendants has a valid lien and/or secured
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claim against The Real Property by virtue of the fact that:
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[a] Any alleged transfers of title to any alleged promissory note and/or deed of trust by
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any of the Defendants were not perfected in accordance with applicable law including but not limited
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19 to, the Uniform Commercial Code and the California Commercial Code;

20 [b] None of the Defendants are the holder in due course of any instrument which would
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give them the entitlement of enforcement as required by California Commercial Code 3309;
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[c] None of the Defendants have possession, delivery or control of any collateral
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proceeds, original loan documents or accounts under California Commercial Code 9312(b), 9313
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25 possession by delivery, 9314 perfection by control under Sections 9104, 9105 or 9107. Any collateral

26 or proceeds were sold by the Defendants as Mortgage Backed Securities under a Pooling and
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ADVERSARY COMPLAINT TO DETERMINE VALIDITY OF LIENS
1 Servicing Agreement(s) in which the Defendants relinquished all rights, titles, interest as well as
2 payments to the subject estate, which was sold under California Commercial Code 9318(a);
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ADVERSARY COMPLAINT TO DETERMINE VALIDITY OF LIENS