Case Information
*1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division In re: Case No. 20-33177-KRH
Kandise Nadine Lucas
514 East Williamsburg Road
Sandston, VA 23150
SSN/ITTN: xxx-xx-2827
Debtor Chapter 13 ORDER GRANTING DEBTOR’S MOTION TO APPROVE LOAN MODIFICATION FOR REAL PROPERTY
This matter comes before the Court on the Debtor’s Motion to Approve the fully executed Loan Modification Secured by Real Property. In consideration thereof, the Court makes these FINDINGS:
1. That Debtors have complied with Local Bankruptcy Rule 9013-1 and the notice provisions required by Bankruptcy Rules 4001 and 9014.
2. That no parties in interest have filed any timely objection to the Debtors’ motion. 3. That Servbank, SB, shall be allowed to record the fully executed loan modification within the land records of the County of Prince George.
3. That the following stated terms were disclosed to Debtor when she obtained an offer from Servbank, SB for a loan modification (hereinafter the “Loan Modification”) to be secured by a first priority lien on the following real property: 10906 Sassafras Drive Hopewell, VA 23860 (hereinafter the “Property”) in the amount of $39,887.88 (the “Modified Principal Balance”) . A full legal description of the Real Property is as follows: CHANDLER, C HANDLER L AW F IRM Office: (804) 353-1971 Fax: (804)723-0954 Counsel for Debtor(s)
It appearing to the Court to be just and in the best interests of the parties to allow Debtors’ motion, subject to the terms stated herein above it is hereby,
ORDERED that the Debtors’ Motion is hereby GRANTED, and it is further ORDERED that the Debtor(s) may enter into the Loan Modification and execute such documents as are necessary to complete the transaction, including but not limited to a deed of trust lien on the Property, and it is further
ORDERED that the terms of the Loan Modification are approved as follows: a. Principal Balance of loan before new loan modification is $34,117.86;
b. Principal Balance of loan after loan modification is $39,887.88 (inclusive of pre-petition and post-petition arrears and unpaid interest); c. Interest rate is before loan modification 7.375 %; d. Interest rate is after loan modification 6.875%; e. Maturity Date before loan modification 7/1/2031 ; f. Maturity Date after loan modification 6/1/2054; g. Monthly payment before loan modification $950.04 ; including principal, interest and escrow ; h. Monthly payment after loan modification $262.03 including principal, and interest ; and the additional estimated escrow of approximately $ 340.16 ; i. The modification results in a lower monthly payment. Future plan payments will not increase, given debtor is below median.
ORDERED that upon modification of the loan, Servbank, SB shall amend their Proof of *3 Claim appropriately; and it is further
ORDERED that the Trustee shall treat the remaining balance if any of the secured mortgage arrearages claim of Servbank, SB, as paid outside of the plan pursuant to the approved loan modification immediately upon entry of the order, and it is further
ORDERED that the Clerk shall mail copies of this Order, once entered, to all parties on the attached service list. Sep 22 2024 /s/ Kevin R Huennekens
Date: _____________ _____________________________ United States Bankruptcy Judge Sep 23 2024
Entered on Docket: ___________________ *4 I ask for this:
/s/ Kimberly A. Chandler CHANDLER ,
C HANDLER L AW F IRM
P.O. Box 17586
Office: (804) 353-1971
Fax: (804) 723-0954
Counsel for Debtor(s)
Endorsed by:
/s/ Carl M. Bates
Carl M. Bates, Trustee
Richmond, VA 23218-1819
CERTIFICATION Pursuant to Local Rule 9022-1(C), I hereby certify that a true copy of the foregoing order has been either endorsed by all necessary parties and/or was served via electronic mail or mailed via first class mail, postage pre-paid, to all necessary parties set forth in the certificate of service filed with the Motion.
/s/ Kimberly A. Chandler
CHANDLER , PARTIES TO RECEIVE COPIES Chandler Law Firm
P.O. 17586
Carl M. Bates, Trustee
P.O. Box 1819
Richmond, VA 23218-1819
Office of the U.S. Trustee
Richmond, VA 23217-2246
Servbank, SB
3138 E. Elwood St
Phoenix, AZ 85034-7210
Kandise Nadine Lucas
514 East Williamsburg Road
Sandston, VA 23150
United States Bankruptcy Court Eastern District of Virginia In re: Case No. 20-33177-KRH Kandise Nadine Lucas Chapter 13
Debtor
CERTIFICATE OF NOTICE District/off: 0422-7 User: halllinda Page 1 of 2 Date Rcvd: Sep 23, 2024 Form ID: pdford11 Total Noticed: 2 The following symbols are used throughout this certificate: Symbol Definition
+ Addresses marked '+' were corrected by inserting the ZIP, adding the last four digits to complete the zip +4, or replacing an incorrect ZIP. USPS regulations require that automation-compatible mail display the correct ZIP. Notice by first class mail was sent to the following persons/entities by the Bankruptcy Noticing Center on Sep 25, 2024: Recip ID Recipient Name and Address db + Kandise Nadine Lucas, 514 East Williamsburg Road, Sandston, VA 23150-1703
TOTAL: 1
Notice by electronic transmission was sent to the following persons/entities by the Bankruptcy Noticing Center. Electronic transmission includes sending notices via email (Email/text and Email/PDF), and electronic data interchange (EDI). Electronic transmission is in Eastern Standard Time.
Recip ID Notice Type: Email Address Date/Time Recipient Name and Address 16354197 + Email/Text: BK@servicingdivision.com Sep 24 2024 00:24:00 Servbank, SB, 3138 E Elwood St, Phoenix, Arizona 85034-7210 TOTAL: 1
BYPASSED RECIPIENTS The following addresses were not sent this bankruptcy notice due to an undeliverable address, *duplicate of an address listed above, *P duplicate of a preferred address, or ## out of date forwarding orders with USPS. NONE
NOTICE CERTIFICATION
I, Gustava Winters, declare under the penalty of perjury that I have sent the attached document to the above listed entities in the manner shown, and prepared the Certificate of Notice and that it is true and correct to the best of my information and belief.
Meeting of Creditor Notices only (Official Form 309): Pursuant to Fed .R. Bank. P.2002(a)(1), a notice containing the complete Social Security Number (SSN) of the debtor(s) was furnished to all parties listed. This official court copy contains the redacted SSN as required by the bankruptcy rules and the Judiciary's privacy policies.
Date: Sep 25, 2024 Signature: /s/Gustava Winters
CM/ECF NOTICE OF ELECTRONIC FILING The following persons/entities were sent notice through the court's CM/ECF electronic mail (Email) system on September 23, 2024 at the address(es) listed below: Name Email Address
Carl M. Bates station01@richchap13.com station10@richchap13.com;station03@richchap13.com;station07@richchap13.com;station06@richchap13.com
Craig Brandon Rule on behalf of Creditor Nationstar Mortgage LLC crule@zwickerpc.com bknotices@zwickerpc.com Daniel Kevin Eisenhauer on behalf of Creditor Nationstar Mortgage LLC d/b/a Mr. Cooper ANHSOrlans@InfoEx.com ecfaccount@orlans.com *7 District/off: 0422-7 User: halllinda Page 2 of 2 Date Rcvd: Sep 23, 2024 Form ID: pdford11 Total Noticed: 2 Gerard R. Vetter USTPRegion04.RH.ECF@usdoj.gov
Jason Meyer Krumbein on behalf of Defendant Kandise Nadine Lucas jkrumbein@krumbeinlaw.com a30156@yahoo.com;plutzky@krumbeinlaw.com;jkrumbein@recap.email
Kimberly Alice Chandler on behalf of Debtor Kandise Nadine Lucas kim@chandlerplc.com liz@chandlerplc.com;admin3@chandlerplc.com;r49700@notify.bestcase.com
Mukta Suri on behalf of Creditor Allied First Bank SB dba Servbank POCInquiries@BonialPC.com, Notices.Bonial@ecf.courtdrive.com;mukta.suri@bonialpc.com Mukta Suri on behalf of Creditor Allied First Bank SB dba ServBank POCInquiries@BonialPC.com, Notices.Bonial@ecf.courtdrive.com;mukta.suri@bonialpc.com Mukta Suri on behalf of Creditor Servbank SB POCInquiries@BonialPC.com, Notices.Bonial@ecf.courtdrive.com;mukta.suri@bonialpc.com
Susan Hope Call on behalf of Trustee Carl M. Bates susancall@richchap13.com station15@richchap13.com Todd Madison Ritter on behalf of Plaintiff Amanda Simons tritter@hillrainey.com bankruptcy@hillrainey.com;kvillafane@hillrainey.com;tritter@hillrainey.com;thall@hillrainey.com
Todd Madison Ritter on behalf of Creditor Amanda Simons tritter@hillrainey.com bankruptcy@hillrainey.com;kvillafane@hillrainey.com;tritter@hillrainey.com;thall@hillrainey.com
TOTAL: 12