Raymond H. Twine and Gloria D. Twine

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
In Re: 	Case No. 08-19001PM
Chapter 13
Raymond H. Twine and Gloria D.
Twine,
Debtor.
Raymond H. Twine and Gloria D.
Twine,
Movant,
v.
Homecomings Financial, LLC, and
Ocwen Loan Servicing, LLC/HSBC
Bank USA, NA,
Respondents.
MEMORANDUM OF DECISION
This case came before the court on the Debtors’ Motion to Avoid two
consensual liens on their residence. The Motions are based upon the proposition
that the liens are avoidable as wholly unsecured claims under 11 U.S.C. § 506(b)
and thus subject to cramdown under the doctrines pronounced in such cases as
Johnson v. Asset Management Group, LLC, 226 B.R. 364 (D. Md. 1998),
In re
Bartee, 212 F.3d 277 (CA5 2000) and
In re Dickerson, 222 F.3d 924 (CA11 2000).
The liens at issue are as follows:
A. 	First Deed of Trust: HSBC Mortgage Services
Proof of Claim #6 filed on July 29, 2008, in the amount of $285,919.09.
Date signed October 30, 2008
Entered: October 31, 2008 Case 08-19001 Doc 25 Filed 10/31/08 Page 1 of 3

B. 	Second Deed of Trust: Homecomings Financial Services
No Proof of Claim filed. Scheduled with a claim in the amount of
$99,559.00.
C. 	Third Deed of Trust: Ocwen Loan Servicing, LLC servicing for HSBC
Bank USA, National Association, as Indenture Trustee for the registered
Noteholders of Renaissance Home Equity Loan Trust 2006-4.
Proof of Claim #1 filed on July 17, 2008, in the amount of $70,487.98.
If the value of the subject property is less than the amount of the claim filed by
the senior secured lender then the Debtors are entitled to the relief sought. For
evidentiary support, the Debtors offered the report of the SDAT and from an entity
known as Cyberhomes.com, whose expertise was not established.
While these reports are clearly hearsay and while it is often urged that the
SDAT undervalues, the fact remains that while proper service of these Motions was
made, neither of the purported secured creditors saw fit to file an answer. After
consideration of the record and after the hearing held October 30, 2008, the court
will grant the requested relief.
Appropriate orders will be entered.
cc: 	HSBC Mortgage Services
P. O. Box 21188
Eagan MN 55121-4201
President
Homecomings Financial
8400 Normandale Lake Boulevard
Suite 250
Minneapolis, MN 55437
CSC-Lawyers Incorporating Service Company
7 St. Paul Street, Suite 1660
Baltimore, MD 21202
Resident Agent for Homecomings
Ocwen Loan Servicing, LLC
Attn: Bankruptcy Department
12650 Ingenuity Drive
Orlando, FL 32826
Case 08-19001 Doc 25 Filed 10/31/08 Page 2 of 3

CSC-Lawyers Incorporating Service Co.
7 St. Paul Street, Suite 1660
Baltimore, MD 21202
Resident Agent for Ocwen
Sandra L. Derickson
President & Chief Executive Officer
HSBC Bank USA, N.A.
1105 N. Market Street
Suite 1
Wilmington, DE 19801
Raymond H. Twine and Gloria D. Twine
6218 Suitland Rd.
Suitland, MD 20746
D. Phillip Anderson
Laura Margulies & Associates LLC
6205 Executive Boulevard
Rockville, MD 20852
Laura J. Margulies
Laura Margulies & Associates, LLC
6205 Executive Blvd.
Rockville, MD 20852
End of Memorandum
Case 08-19001 Doc 25 Filed 10/31/08 Page 3 of 3