Case Information
*1 ORDERED in the Southern District of Florida on June 23, 2024.
Mindy A. Mora, Judge United States Bankruptcy Court _____________________________________________________________________________ UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION IN RE:
ROBERT ALLEN GIBSON, CASE NO.: 23-16430-MAM
CHAPTER 13 Debtor(s).
______________________________________/
ORDER GRANTING MOTION FOR RELIEF FROM THE AUTOMATIC STAY TO ENFORCE FINAL JUDGMENT OF FORECLOSURE Property Address: 1709 22ND AVE N, LAKE WORTH, FL 33460
THIS CAUSE came before the Court on June 6, 2024, on Creditor's, U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMTP Trust, Series 2019-C ("Creditor"), Motion for Relief from the Automatic Stay to Enforce Final Judgment of Foreclosure [D.E. 132]. The Court having considered the Motion and having been otherwise fully advised in the premises, it is
ORDERED AND ADJUDGED: Creditor's Motion for Relief from the Automatic Stay to Enforce Final Judgment of
Foreclosure is GRANTED .
2. The Automatic Stay imposed by 11 U.S.C. ยง362 is lifted as to this Creditor its successors and/or assignees, and the Creditor may proceed with foreclosure of its lien on the following property:
LOT 30, VERNON HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 24, PAGE 200 OF THE PUBLIC RECORDS OF PALM BEACH COUNT, FLORIDA.
Property Address: 1709 22ND AVE N, LAKE WORTH, FL 33460 3. This Order is entered for the sole purpose of allowing Creditor, its successors and/or assignees, to obtain an in rem judgment against the property described above. Creditor shall not seek an in personam judgment against Debtor(s).
4. The 14 day stay of the Order Granting Relief pursuant to Bankruptcy Rule 4001(a)(3) is waived so that Creditor can pursue its in rem remedies.
5. The foreclosure sale date can be rescheduled upon entry of this Order but the foreclosure sale not be held any earlier than 60 days from the date of this Order. Creditor, its successors and/or assignees, may, at its option, offer provide and enter
into a potential forbearance agreement, loan modification, refinance agreement, or other loan workout/loss mitigation agreement. Creditor may contact the Debtor via telephone or written correspondence to offer such an agreement. Any such agreement shall be non-recourse unless included in a reaffirmation agreement.
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Submitted by:
Ida. A, Moghimi-Kian
Diaz Anselmo & Associates, P.A.
Fort Lauderdale, FL 33318
Attorneys for Creditor
Attorney for Creditor, Ida A. Moghimi-Kian, is directed to serve copies of this order on the parties listed and file a certificate of service.
Copies furnished to:
ROBERT ALLEN GIBSON
2385 EXECUTIVE CIR DR.
SUITE 100
BOCA RATON, FL 33431
Debtor(s)
BRIAN K. MCMAHON, ESQ.
1401 FORUM WAY., STE. 730
WEST PALM BEACH, FL 33401
Attorney for Debtor(s)
ROBIN R.WEINER
FT. LAUDERDALE, FL 33355
Trustee
UNITED STATES TRUSTEE
OFFICE OF THE U.S. TRUSTEE
51 S.W. 1ST AVE. SUITE 1204
MIAMI, FL 33130
U.S. Trustee