Nisha R. Patel, Esquire

Counsel for Movant

Samuel I White, P.C.

Bar No. 83302

1804 Staples Mill Road

Suite 200

Richmond, VA 23230

(804) 290-4290

File No. 72126

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

In re:

KOBY HAGHAH KAVOSI, CHAPTER 7

DEBTOR. CASE NO. 19-12187-BFK

SPECIALIZED LOAN SERVICING LLC, AS 

SERVICING AGENT FOR THE BANK OF NEW 

YORK MELLON F/K/A THE BANK OF NEW YORK 

AS SUCCESSOR INDENTURE TRUSTEE TO 

JPMORGAN CHASE BANK, NATIONAL 

ASSOCIATION FOR CWHEQ REVOLVING HOME 

EQUITY LOAN TRUST, SERIES 2005-J,

MOVANT,

vs.

KOBY HAGHAH KAVOSI

and DONALD F. KING, TRUSTEE,

RESPONDENTS.

MOTION FOR RELIEF FROM THE AUTOMATIC STAY

(REAL PROPERTY LOCATED AT 916 BUTTONWOOD TERRACE, LEESBURG, VA 20176)

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: KOBY HAGHAH KAVOSI, DEBTOR

DONALD F. KING, 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 WITHINFOURTEEN (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 25, 

2019 AT 9:30 AM IN THE U.S. BANKRUPTCY COURT, ALEXANDRIA DIVISION, 200 

S. WASHINGTON STREET, ALEXANDRIA, VA 22314, COURTROOM I, 2ND FLOOR.

Specialized Loan Servicing LLC, as servicing agent for The Bank of New York Mellon 

f/k/a The Bank of New York as successor Indenture Trustee to JPMorgan Chase Bank, National 

Association for CWHEQ Revolving Home Equity Loan Trust, Series 2005-J (“Movant”) hereby 

Case 19-12187-BFK Doc 13 Filed 08/30/19 Entered 08/30/19 16:27:50 Desc Main

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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 916 Buttonwood Terrace, Leesburg, 

VA 20176 (the “Property”), for all purposes allowed by the Agreement (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 7 of the United States Bankruptcy Code was filed with 

respect to the Debtor on July 2, 2019.

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

that certain Home Equity Credit Line Agreement and Disclosure Statement in the original credit 

limit amount of $44,400.00 (the “Agreement”). A copy of the Agreement is attached hereto as 

Exhibit A.

4. Pursuant to that certain Credit Line Deed of Trust (the “Deed of Trust”), all 

obligations (collectively, the “Obligations”) of the Debtor under and with respect to the Agreement

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 Loudoun, Virginia. A copy of the recorded Deed of Trust is 

attached hereto as Exhibit B. 

5. The legal description of the Property is: 

LOT 856, SECTION 10, POTOMAC CROSSING, AS THE SAME 

APPEARS DULY DEDICATED, PLATTED AND RECORDED IN DEED 

BOOK 2299, AT PAGE 1769, AMONG THE LAND RECORDS OF 

LOUDOUN COUNTY, VIRGINIA. 

6. The Debtor’s Statement of Intention indicates the Property is to be surrendered.

7. Specialized Loan Servicing LLC services the loan on the Property referenced in 

this Motion. In the event the automatic stay in this case is modified, this case dismisses, and/or 

the Debtor obtains a discharge and a foreclosure action is commenced on the mortgaged 

property, the foreclosure will be conducted in the name of Movant or Movant’s successor or 

assignee. Movant, directly or through an agent, has possession of the Note. The Note is either 

made payable to Movant or has been duly endorsed. Movant is the original mortgagee or 

beneficiary or the assignee of the Mortgage/Deed of Trust.

8. As of August 29, 2019, the unpaid principal balance due is $44,109.20 and the 

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

$73,799.24.

9. The following chart sets forth the number and amount of payments due pursuant 

to the terms of the Agreement as of August 29, 2019: 

Number of 

Payments

From To Monthly Payment 

Amount

Total Payments

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46 02/25/2012 11/25/2015 $300.63 $13,828.98

45 12/25/2015 08/25/2019 $424.91 $19,120.95

Less partial payments: ($0.00)

Total: $32,949.93

10. As of August 29, 2019, the total arrearage/delinquency is $35,422.63, consisting 

of (i) the foregoing total of payments in the amount of $32,949.93 plus (ii) the following fees:

Fee Description Amount

Recording Costs $26.00

Inspection Fee $105.00

Service Costs $426.70

Title Policy Costs $430.00

Foreclosure Attorney Fees $1,485.00

11. The estimated value of the Property is $405,000.00. The basis for such valuation 

is the Debtor's Schedule A/B, a copy of which is attached hereto as Exhibit C.

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

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

ii. Pursuant to 11 U.S.C. §362(d)(2)(A), the Debtor has no equity in the 

Property, as the Debtor’s Schedules reflect additional liens of 

approximately $354,375.00 against the Property; and pursuant to 

§362(d)(2)(B), the Property is not necessary for an effective 

reorganization.

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 Agreement, 

and the Deed of Trust, including but not limited to allowing Movant to proceed under applicable 

non-bankruptcy 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. Waiver of the 14-day stay described by Bankruptcy Rule 4001(a)(3); and

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

Dated: August 30, 2019

SPECIALIZED LOAN SERVICING LLC, AS 

SERVICING AGENT FOR THE BANK OF NEW 

YORK MELLON F/K/A THE BANK OF NEW 

YORK AS SUCCESSOR INDENTURE TRUSTEE 

TO JPMORGAN CHASE BANK, NATIONAL 

ASSOCIATION FOR CWHEQ REVOLVING 

HOME EQUITY LOAN TRUST, SERIES 2005-J

By: /s/ Nisha R. Patel

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

npatel@siwpc.com

CERTIFICATE OF SERVICE

I certify that on August 30, 2019, the foregoing Notice and Motion was served via CM/ECF 

on Donald F. King, Trustee, and Ann E. Schmitt, 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 

Koby Haghah Kavosi, Debtor, 916 Buttonwood Terrace, Leesburg, VA 20176.

/s/ Nisha R. Patel

Nisha R. Patel, Esquire

Samuel I. White, P. C.

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