IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

NORFOLK DIVISION

In re:

ROGERS A. FOSTER, CHAPTER 13

DEBTOR. CASE NO. 19-70763-SCS

WELLS FARGO BANK, N.A.,

MOVANT,

vs.

ROGERS A. FOSTER

and R. CLINTON STACKHOUSE, JR., TRUSTEE,

RESPONDENTS.

ORDER GRANTING MODIFICATION OF STAY

The Motion of the Movant, Wells Fargo Bank, N.A., to amend the Automatic Stay having

been properly served, and upon agreement by Counsel,

It appears that Debtor is in possession of a certain real property located at 218 Crown Arch,

Suffolk, VA 23435, and more particularly described as follows:

ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND, WITH

THE BUILDINGS AND IMPROVEMENTS THEREON AND THE

APPURTENANCES THEREUNTO BELONGING, LYING,

SITUATE AND BEING IN THE CITY OF SUFFOLK, VIRGINIA,

AND KNOWN, NUMBERED AND DESIGNATED AS LOT 85, AS

SHOWN ON THAT CERTAIN PLAT ENTITLED "SUBDIVISION

PLAT OF SUFFOLK MEADOWS PHASE TWO, NANSEMOND

BOROUGH, SUFFOLK, VIRGINIA", DATED MARCH 3, 2000,

AND MADE BY SURVEY ASSOCIATES, LTD., LAND

ENGINEERING CONSTRUCTION SURVEYING CHESAPEAKE,

VIRGINIA 23321, WHICH PLAT IS DULY OF RECORD IN THE

CLERK©S OFFICE OF THE CIRCUIT COURT OF THE CITY OF

SUFFOLK, VIRGINIA, IN PLAT CABINET 3, SLIDES 26-D, 26-E,

27-A, 27-B AND 27-C, REFERENCE TO WHICH IS HEREBY

MADE FOR A MORE PARTICULAR DESCRIPTION OF THE

SUBJECT PROPERLY.

Commonly known as: 218 Crown Arch, Suffolk VA 23435

 Tax ID: <redacted>

Upon consideration of the foregoing, it is ORDERED 	








	



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Case 19-70763-SCS Doc 31 Filed 12/26/19 Entered 12/26/19 08:32:07 Desc Main

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Debtor will resume making all future regular monthly installment payments

in the amount of $1,730.03, pending further notice from the mortgage

company, as they become due commencing January 1, 2020.

Debtor will cure any arrearage currently due to the Movant for the months

of August 1, 2019 through December 1, 2019, in the total amount of

$8,416.46, which arrears were calculated as follows:

Number of Missed

Payments

From To Monthly Payment

Amount

Total Missed

Payments

1 08/01/2019 08/01/2019 $1,473.78 $1,473.78

4 09/01/2019 12/01/2019 $1,730.03 $6,920.12

NSF Fee: $30.00

Less partial payments (suspense balance): ($7.44)

Total Payments: $8,416.46

a. The arrearage amount set forth herein is contingent upon the

sufficient clearing of any previously applied post-petition funds.

b. Payment in the amount of $5,000.00 to be received by lender on

or before December 31, 2019, the source of these cure funds

being from USAA insurance proceeds on a total loss of Debtor's

Toyota Tacoma.

c. The source of the remaining cure funds will be from Debtor taking

on additional monthly truck driving trips, with the rate of pay

varying upon the trip, with such additional work to be undertaken

only for the cure period anticipated by this order, and with such

extra monthly work to be taken to be sufficient for the cure

payment amount each month.

d. Payment in the amount of $569.41 to be received by lender on or

before January 15, 2020.

e. Payment in the amount of $569.41 to be received by lender on or

before February 15, 2020.

f. Payment in the amount of $569.41 to be received by lender on or

before March 15, 2020.

g. Payment in the amount of $569.41 to be received by lender on or

before April 15, 2020.

h. Payment in the amount of $569.41 to be received by lender on or

before May 15, 2020.

i. Payment in the amount of $569.41 to be received by lender on or

before June 15, 2020.

j. All future payments made pursuant to the terms of this Order

should be forwarded to the following address until further

notice: 

Case 19-70763-SCS Doc 31 Filed 12/26/19 Entered 12/26/19 08:32:07 Desc Main

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Wells Fargo Home Mortgage

PO Box 14507

Des Moines, IA 50306

Should the Debtor fail to satisfy these conditions, the Movant will have

relief from stay and may proceed forthwith to enforce its security

agreement, subsequent to ten (10) days' Notice of Default to the Chapter

13 Trustee, Debtor and Counsel for Debtor. In the event Debtor fails to

timely reinstate in accordance with any such Notice of Default, Relief will

be automatic, with no further hearing or order required. In the event relief

is granted, foreclosure proceedings may be commenced incident to state

law. Further, Movant's counsel shall docket with the Court a disposition

incident to such Notice of Default, either by verification that the Notice of

Default has not been cured and relief has therefore been granted or by

the withdrawal of the Notice of Default.

The automatic stay is modified to permit the Noteholder or servicing agent

to send the Debtor any payment coupons, payment statements or

invoices, notices of late payment, notices of payment changes, notices of

servicing transfers, or any other notice, other than a notice of acceleration

or demand for payment of the entire balance, normally sent to customers

in the ordinary course of business.

Should the Debtor default pursuant to the terms contained herein, unless

otherwise ordered by this Court, Movant shall be entitled to reasonable

attorney's fees in an amount not to exceed $100.00 for the issuance of a

Notice of Default, and additional attorney's fees not to exceed $200.00, for

docketing of appropriate subsequent pleadings or correspondence incident

to such Notice of Default.

Once the Debtor makes all of the stipulated payments during the cure

period as required in the Order, then all mortgage payments, costs, fees

and late charges will be deemed current from the date of the filing of the

bankruptcy through December 1, 2019. 

In the event of a default which results in the granting of relief, upon the

docketing of verification of such default, the Chapter 13 Trustee will be

relieved of any and all obligation to remit payment incident to the

arrearages set forth in the Proof of Claim filed by the Movant. 

	Time is of the essence; all future monthly payments must be timely

received; a check returned by the bank for any reason is deemed a

violation. 











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$It is additionally acknowledged that by endorsement of this Order,

Counsel for Debtor hereby represents that Debtor has been advised of

the terms of the agreement as set forth in this Order.

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DATED:






















































UNITED STATES BANKRUPTCY JUDGE

NOTICE OF JUDGMENT OR ORDER

Entered on Docket






















































I ask for this:

By: /s/ D. Carol Sasser

D. Carol Sasser, Esquire, Bar No. 28422

Samuel I. White, P.C.

596 Lynnhaven Parkway

Suite 200

Virginia Beach, VA 23452

Tel.: (757) 490-9284

Fax: (757) 490-8143

dsasser@siwpc.com

Counsel for Wells Fargo Bank, N.A.

Seen and Agreed:

/s/ Nathaniel Webb

Nathaniel Webb

Counsel for Debtor

708-C Thimble Shoals Blvd.

Newport News, VA 23606-4547

Seen:

/s/ Kelly M. Barnhart for:

R. Clinton Stackhouse, Jr.

Chapter 13 Trustee

7021 Harbour View Boulevard 

Suite 101 

Suffolk, VA 23435

Case No. 19-70763-SCS

Dec 23 2019 /s/ Frank J. Santoro

12/26/19

Case 19-70763-SCS Doc 31 Filed 12/26/19 Entered 12/26/19 08:32:07 Desc Main

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CERTIFICATE OF SERVICE

I hereby certify that this proposed Order has been endorsed by all necessary parties

involved in this proceeding.

By: /s/ D. Carol Sasser

D. Carol Sasser, Esquire

Samuel I. White, P.C.

The Clerk shall mail a copy of the entered Order to the following:

R. Clinton Stackhouse, Jr.

Chapter 13 Trustee

7021 Harbour View Boulevard 

Suite 101 

Suffolk, VA 23435

Nathaniel Webb

Counsel for Debtor

708-C Thimble Shoals Blvd.

Newport News, VA 23606-4547

Rogers A. Foster

Debtor

218 Crown Arch

Suffolk, VA 23435

Case 19-70763-SCS Doc 31 Filed 12/26/19 Entered 12/26/19 08:32:07 Desc Main

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