UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NEW YORK Inte: CASE NO, 1-18-11401 Deborah Ann Buezek COMES NOW the Debtor, Deborah Ann Buczek, appearing pro se, and respectfully submits this OBJECTION to the Proof of Claim filed by KeyBank National Association in the above-named bankruptcy ease as follows: 1. KeyBank’s Proof of Claim misrepresents its security lien position against my real property in these proceedings. (SEE: ATTACHMENT A KEYBANK PROOF OF CLAIM). 2. KeyBank’s alleged lien is derived from a second mortgage position Home Equity Line of Credit (HELOC). A HELOC is a revolving line of credit. KeyBank’s loan was made as an equity line and was not used for the purpose of purchasing the real property involved and should properly be recharacterized as wholly unsecured as supported herein below. 3.When KeyBank’s HELOC was recorded it was a second mortgage in a lien position subsequent to a first mortgage that had been previously recorded. This fact is a matter of public record at the Erie County Register's Office. KeyBank was aware of the fact of its second position when it made this loan because, according to the federal and internal bank lendingrequirements, KeyBank was required by its underwriting guidelines to perform a title search prior to issuing their HELOC to the Debtor. 4. Based upon number 2 above, KeyBank has misrepresented to this court its security position. KeyBank’s failure to notify the first lien holder of their junior lien position subsequent to the first lien holders” superior position, constitutes an attempt to defraud the first lien holder of their rights. Therefore, KeyBank’s claim to be a first mortgage position lien holder is made fraudulently on its proof of claim before this court. 5. KeyBank knowingly misrepresented the facts in its claim in order to defraud the first lien position holder of their rights by failing to notify them before making their claim. ‘Therefore, KeyBank’s Proof of Claim violates 18 USC § 152,158 and 3511. Any person who files false information on a Proof of Claim before this court is liable for fines of up to $500,000 per person and up to 5 years imprisonment. KeyBank and its attorneys knew of this, fact and periured themselves on the Proof of Claim. 6. Upon calculation of the equity remaining in my property after the application of my homestead exemption and the first lien position, based upon a valid valuation of the property from the Eris County Tax Assessor, there is insufficient remaining equity in the property to secure any of KeyBank’s claim, (SEE: ATTACHMENT B TAX VALUATION BY ERIE COUNTY TAX OFFICE). The equity calculation is as follows: (a) +8197,000.00 Tax Value of Property (b) -8165,000.00 Homestead Exemption for Married Joint Property owners in NY (©) -$110,536.00 First Mortgage Lien(@ -(S78,536.00) Net Negative Equity Remaining for Security 7. Based upon the above, the HELOC alleged by KeyBank is wholly unsecured by equity in the property and, pursuant to the Federal Rules of Bankruptcy Procedure, the KeyBank loan is, eligible for lien stripping. This Debtor respectfully requests that the KeyBank lien be removed. from the property and be recharacterized as wholly unsecured, and the KeyBank lien be immediately removed from the subject property, pursuant to the standards established under "In Re Lane, 280 pursuant 663 (6th Cir 2002). Respectfully Submitted this 5th day of February 2019, I Deborah A. Buezek, do hereby affirm that the foregoing is truthful and correct to the best of my knowledge and belief, under penalties of perjury, Respectfully submitted this Sth day of February 2019 By: M Deborah Ann Buczek, Petitioner, pro se Postal Box 73 North Evans New York [14112] Phone 716-870-0450