Brandon R. Jordan, Esquire

Counsel for Movant

Samuel I White, P.C.

Bar No. 72170

1804 Staples Mill Road

Suite 200

Richmond, VA 23230

(804) 290-4290

File No. 63201

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

In re:

MICHAEL LANE, CHAPTER 13

DEBTOR. CASE NO. 15-33669-KRH

U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS 

INDIVIDUAL CAPACITY BUT SOLELY AS 

TRUSTEE FOR THE RMAC TRUST, SERIES 2016-

CTT,

MOVANT,

vs.

MICHAEL LANE

and SUZANNE E. WADE, TRUSTEE,

RESPONDENTS.

MOTION FOR RELIEF FROM THE AUTOMATIC STAY

(REAL PROPERTY LOCATED AT 351 DABBS HOUSE RD, RICHMOND, VA 23223)

NOTICE

YOUR RIGHTS MAY BE AFFECTED. YOU SHOULD READ THESE PAPERS CAREFULLY AND DISCUSS THEM WITH 

YOUR ATTORNEY, IF YOU HAVE ONE IN THIS BANKRUPTCY CASE. (IF YOU DO NOT HAVE AN ATTORNEY, YOU 

MAY WISH TO CONSULT ONE.)

TO: MICHAEL LANE, DEBTOR

SUZANNE E. WADE, TRUSTEE

IF YOU DO NOT WISH THE COURT TO GRANT THE RELIEF SOUGHT IN THE MOTION, OR IF YOU WANT THE 

COURT TO CONSIDER YOUR VIEWS ON THE MOTION, THEN WITHIN FOURTEEN (14) DAYS FROM THE DATE OF 

SERVICE OF THIS MOTION, YOU MUST FILE A WRITTEN RESPONSE EXPLAINING YOUR POSITION WITH THE 

COURT AND SERVE A COPY ON THE MOVANT. UNLESS A WRITTEN RESPONSE IS FILED AND SERVED WITHIN 

THIS FOURTEEN (14) DAY PERIOD, THE COURT MAY DEEM OPPOSITION WAIVED, TREAT THE MOTION AS 

CONCEDED, AND ISSUE AN ORDER GRANTING THE REQUESTED RELIEF WITHOUT FURTHER NOTICE OR

HEARING.

IF YOU MAIL YOUR RESPONSE TO THE COURT FOR FILING, YOU MUST MAIL IT EARLY ENOUGH SO THE COURT 

WILL RECEIVE IT ON OR BEFORE THE EXPIRATION OF THE FOURTEEN (14) DAY PERIOD.

THE PRELIMINARY HEARING IS SCHEDULED TO BE HELD ON SEPTEMBER 5, 

2018 AT 11:00 A.M. IN THE U.S. BANKRUPTCY COURT, 701 EAST BROAD 

STREET, RICHMOND, VA 23219, COURTROOM 5000.

U.S. Bank National Association, not in its individual capacity but solely as trustee for the 

RMAC Trust, Series 2016-CTT (“Movant”) hereby moves this Court, pursuant to 11 U.S.C. §362, 

for relief from the automatic stay with respect to certain real property of the Debtor having an 

address of 351 Dabbs House Rd, Richmond, VA 23223 (the “Property”), for all purposes 

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allowed by the Note (defined below), the Deed of Trust (defined below), and applicable law, 

including but not limited to the right to foreclose. In further support of this Motion, Movant 

respectfully states:

1. This Court has jurisdiction over this proceeding pursuant to 28 U.S.C. §157 and 

§1334 and 11 U.S.C. §362(d), and this matter is a core proceeding.

2. A petition under Chapter 13 of the United States Bankruptcy Code was filed with 

respect to the Debtor on July 22, 2015.

3. A Chapter 13 Plan was confirmed on February 2, 2016.

4. The Debtor has executed and delivered or is otherwise obligated with respect to 

that certain promissory note in the original principal amount of $200,000.00 (the “Note”). A copy 

of the Note is attached hereto as Exhibit A.

5. Pursuant to that certain Deed of Trust (the “Deed of Trust”), all obligations 

(collectively, the “Obligations”) of the Debtor under and with respect to the Note and the Deed of 

Trust are secured by the Property and the other collateral described in the Deed of Trust. The 

lien created by the Deed of Trust was perfected by recording of the Deed of Trust in the office of 

the Clerk of the County of Henrico, Virginia. A copy of the recorded Deed of Trust is attached 

hereto as Exhibit B. 

6. The legal description of the Property is: 

ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND, LYING AND BEING IN 

FAIRFIELD MAGISTERIAL DISTRICT, HENRICO COUNTY, VIRGINIA, AS SHOWN UPON A 

PLAT OF SURVEY MADE BY CHAS. H. FLEET AND ASSOCIATES CIVIL ENGINEERS AND 

SURVEYORS DATED JUNE 21, 1954, ATTACHED TO A CERTAIN DEED DATED JULY 31, 

1954, BETWEEN C.H. HILLIARD AND CHRISTINA M. HILLIARD, HIS WIFE GRANTORS 

AND THE THEN ACTING TRUSTEES OF THE BISHOP MEMORIAL METHODIST CHURCH, 

GRANTEES, WHICH DEED IS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT 

COURT OF HENRICO COUNTY IN DEED BOOK 689, PAGE 130. SAID PLAT IS ENTITLED 

"PLAT OF PROPERTY SITUATED ON THE EASTERN LINE OF DABBS HOUSE ROAD AND 

NORTH OF NINE MILE ROAD", AND ACCORDING TO SAID PLAT MORE PARTICULARLY 

DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE EASTERN LINE OF DABBS HOUSE ROAD, NOW 50 

FEET WIDE, AT AN IRON PIPE, WHICH SAID POINT OF BEGINNING IS DISTANT 645.88 

FEET NORTHWARDLY FROM INTERSECTION OF THE NORTHERN LINE OF NINE MILE 

ROAD WITH THE EASTERN LINE OF DABBS HOUSE ROAD, AS WIDENED, THENCE 

RUNNING NORTH 9 DEGREES 30' EAST 100 FEET ALONG AND FRONTING ON THE 

EASTERN LINE OF DABBS HOUSE ROAD TO AN IRON PIPE, THENCE RUNNING SOUTH 

79 DEGREES 10; 30" EAST 150 FEET TO AN IRON PIPE, THENCE RUNNING 9 DEGREES 

30' WEST 100 FEET TO AN IRON PIPE, THENCE RUNNING SOUTH 79 DEGREES 10' 50' 

WEST 140 FEET TO AN IRON PIPE, THENCE RUNNING SOUTH 79 DEGREES 10' 50' 

WEST 140 FEET ALONG THE NORTHERN LINE OF DABBS HOUSE ROAD THE POINT 

AND PLACE OF BEGINNING.

THE PROPERTY IS COMMONLY KNOWN AS:

351 DABBS HOUSE ROAD, RICHMOND, VA 23223

7. Rushmore Loan Management Services, LLC is servicing agent for the Movant.

8. As of August 3, 2018, the unpaid principal balance due is $115,257.47 and the 

approximate outstanding amount of Obligations less any partial payments or suspense balance is 

$115,986.12.

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9. The following chart sets forth the number and amount of post-petition payments 

due pursuant to the terms of the Note as of August 3, 2018: 

Number of 

Payments

From To Monthly Payment 

Amount

Total Payments

3 06/01/2018 08/01/2018 $1,119.07 $3,357.21

Less post-petition partial payments (suspense balance): ($999.00)

Total: $2,358.21

10. As of August 3, 2018, the total post-petition arrearage/delinquency is $2,467.71

consisting of (i) the foregoing total of post-petition payments in the amount of $2,358.21, plus (ii) 

the following fees:

Fee Description Amount

Property Inspections $109.50

11. In addition to the other amounts due to Movant reflected in this Motion, as of the 

date hereof, in connection with seeking the relief requested in this Motion, Movant has also 

incurred $1,031.00 in legal fees and costs.

12. The estimated value of the Property is $140,300.00. The basis for such valuation 

is: Tax Assessment, a copy of which is attached hereto as Exhibit C.

13. Cause exists for relief from the automatic stay for the following reasons: 

i. Movant’s interest in the Property is not adequately protected.

ii. Post-Petition payments required by the confirmed plan have not been 

made to Movant.

WHEREFORE, Movant prays that this Court issue an Order terminating or modifying the 

stay and granting the following:

1. Relief from the stay for all purposes allowed by applicable law, the Note, and the 

Deed of Trust, including but not limited to allowing Movant to proceed under applicable nonbankruptcy law to enforce its remedies to foreclose upon and obtain possession of the Property 

and any and all other collateral pledged under the Deed of Trust.

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2. That the 14-day stay described by Bankruptcy Rule 4001(a)(3) be waived.

3. For such other relief as the Court deems proper.

Dated: August 3, 2018

U.S. BANK NATIONAL ASSOCIATION, NOT IN 

ITS INDIVIDUAL CAPACITY BUT SOLELY AS 

TRUSTEE FOR THE RMAC TRUST, SERIES 

2016-CTT

By: /s/ BRANDON R. JORDAN

Eric D. White, Esquire, Bar No. 21346

Michael T. Freeman, Esquire, Bar No. 65460

Brandon R. Jordan, Esquire, Bar No. 72170

Johnie R. Muncy, Esquire, Bar No. 73248

Nisha R. Patel, Esquire, Bar No. 83302

Samuel I. White, P.C.

1804 Staples Mill Road, Suite 200

Richmond, VA 23230

Tel.: (804) 290-4290

Fax: (804) 290-4298

bjordan@siwpc.com

CERTIFICATE OF SERVICE

I certify that on August 3, 2018, the foregoing Motion was served via CM/ECF on Suzanne 

E. Wade, Trustee, and Joseph S. Massie, III, Counsel for Debtor, at the email addresses registered 

with the Court, and that a true copy was mailed via first class mail, postage prepaid, to Michael 

Lane, Debtor, 351 DabbsHouse Road, Richmond, VA 23223.

/s/ BRANDON R. JORDAN

Brandon R. Jordan, Esquire

Samuel I. White, P. C.

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