J. Bryan Dexter (7188)
Dexter & Dexter
Attorneys at Law, PC
University Office Park
Attorneys for Debtors
ORDER DETERMINING
SECURED STATUS OF LIEN OF
FIRST FRANKLIN/FIRST FIDELITY
LOAN SERVICING
Honorable R. Kimball Mosier
Norman Dekker and Chrstine Dekker filed their Motion to Determine Secured Status of Lien (the "Motion") dated March 11, 2013, seeking a determination of the secured status of the lien of First Franklin (now held by First Fidelity Loan Servicing) ("Lender") against debtors' residence pursuant to § 506(a) of the Bankruptcy Code and Bankruptcy Rule 3012. The debtors properly served Lender with the Motion and Notice of Motion and Opportunity to Object pursuant to Bankruptcy Rules 9014(b) and 7004, and the time allowed by law for Lender to respond to the Motion has expired.
Based upon the allegations in the Motion, proper notice to Lender, the lack of any objection or other response by Lender and good cause appearing, the Court hereby ORDERS as follows:
1. The Lender's lien on the debtors' real property, as evidenced by that deed of trust recorded on December 2, 2005 in the Recorder's Office for Utah County as Entry No. 139388:2005 (the "Lien") is hereby determined to be wholly unsecured under
11 U.S.C. § 506(a); and for purposes of this chapter 13 case the claim arising from such Lien shall be classified as a nonpriority unsecured claim.
2. Upon entry of an order of the Bankruptcy Court granting the Debtors a discharge under 11 U.S.C. § 1328, the Lien shall be extinguished and removed from the debtors' real property located at 683 Orchard Dr. Orem, UT more particularly described as:
LOT 6, BLOCK 1, ROSE GARDEN ESTATES SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, RECORDS OF UTAH COUNTY, STATE OF UTAH.
TAX I.D. NO. 51-037-0006
3. If the debtors' Chapter 13 case is dismissed or converted to another chapter without completion of the plan, the Lien shall be retained by Lender to the extent recognized by applicable nonbankruptcy law (see 11 U.S.C. § 1325(a)(5)(B)(i)(II)).
4. The recording of this Order, together with the recording of the Order granting both debtors a discharge under 11 U.S.C. § 1328, shall have the effect of a full reconveyance of the Lien.
CERTIFICATE OF SERVICE
I hereby certify that on the _ day of _, 2013, a copy of the foregoing order was mailed, via U.S. Mail, first class postage prepaid, to the following: Lauren Schneider, CEO
First Fidelity Loan Servicing
2901 Clint Moore Rd., Suite 410
Boca Raton, FL 33496
Kevin R. Anderson
Chapter 13 Trustee
(ECF Notice)
United States Trustee
(ECF Notice)
_________________________________
CLERK OF COURT
UNITED STATES BANKRUTPCY COURT