Cheryl Weir

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
In Re: 	Case No. 08-23770PM
Chapter 13
Cheryl R. Weir,
Debtor.
MEMORANDUM OF DECISION
This matter came before the court on three Motions to Avoid Lien filed by the
Debtor with respect to two different parcels of property – her principal residence
located at 4700 Springmaid Lane, Oxon Hill, Maryland ("Principal Residence") and
her rental property located at 2510 Emerson Drive, Frederick, Maryland ("Rental
Property"). All three Motions, fraught with error, will be denied.
The Debtor's Schedule D reflects seven secured claims as follows:
Principal Residence 	Rental Property
First Mariner Bank (1st DOT) - $314,728.36 	Green Point Mortgage (1st DOT) - $259,049.99
Foster Overlook HOA - $560.00 	Specialized Loan Servicing (2nd DOT) - $63,793.02
Whitter HOA - $1,200.00
Citibank (judgment lien)- $4,500.00
Discover (judgment lien)- $8,549.48
The Debtor valued on Schedule A the Principal Residence at $270,430.00 and the
Rental Property at $200,000.00 (based on alleged comparable sales).
The court first considered Dkt. No. 28 entitled "Motion to Avoid Lien of
Specialized Loan Servicing on Principal Residence Pursuant to 11 U.S.C. § 506." This
Motion references the Rental Property in paragraph 3 despite the title reference to the
Debtor's "Principal Residence." The court also notes that the Rental Property is
located in Frederick County and not Prince George's County as stated in Paragraph 4.
Date signed February 11, 2009
Entered: February 12, 2009 Case 08-23770 Doc 34 Filed 02/12/09 Page 1 of 2

1 This Motion was not served in compliance with Local Bankruptcy Rule 3012-1(b)(3),
referencing Local Bankruptcy Rule 3007-1(a) that requires service upon the individual who
signed the proof of claim. See Proof of Claim No. 5.
According to the Maryland Department of Assessment and Taxation, the assessed
value of the Rental Property is $313,870.00 as of January 1, 2008. The tax assessed
value is merely a few thousand dollars off the total amount of the two senior secured
creditors' claims. This court has traditionally accepted the State's tax assessed value
(and not the phase-in assessment) for valuation purposes. Regardless, as to this
Motion, the Debtor failed to properly serve Specialized Loan Servicing.1
The remaining two Motions (Dkt. Nos. 29, 30) are, phrased in the vernacular, a
complete mess. The court relies upon the sworn Schedule D filed in this case as true
and accurate. These Motions are said to address the Debtor's Principal Residence.
According to Schedule D, there exists two secured claims – that of First Mariner Bank
and Foster Overlook HOA. These Motions seek to avoid the liens of CitiBank and
Discover, liens scheduled by the Debtor as recorded against the Rental Property and
not the Debtor's Principal Residence. Clearly, the Debtor intended to reference the
Rental Property and not her Principal Residence.
cc: 	Debtor
Debtor's Counsel
Chapter 13 Trustee
End of Memorandum
Case 08-23770 Doc 34 Filed 02/12/09 Page 2 of 2