IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

In re:

AGNES LAVARRA VENEY

AKA LAVARRA AGNES VENEY, CHAPTER 13

DEBTOR. CASE NO. 19-34756-KLP

NEW REZ LLC DBA SHELLPOINT MORTGAGE

SERVICING AS SERVICER FOR U.S. BANK, N.A., AS

TRUSTEE, SUCCESSOR IN INTEREST TO WACHOVIA

BANK, NATIONAL ASSOCIATION, AS TRUSTEE, FOR

MID-STATE TRUST XI,

MOVANT,

vs.

AGNES LAVARRA VENEY

ANASTASIA JOHNSON, CODEBTOR

RODNEY JOHNSON, CODEBTOR

and SUZANNE E. WADE, TRUSTEE,

RESPONDENTS.

ORDER GRANTING MODIFICATION OF STAY

The Motion of the Movant, New Rez LLC dba Shellpoint Mortgage Servicing as servicer for

U.S. Bank, N.A., as Trustee, successor in interest to Wachovia Bank, National Association, as

Trustee, for Mid-State Trust XI, to amend the Automatic Stay having been properly served, and

upon agreement by Counsel,

It appears that Debtor and the Codebtor is in possession of a certain real property located

at 2574 Irvington Road, Weems, VA 22576, and more particularly described as follows:

All of those certain lots, places or parcels of land, together with

any improvements thereon and all appurtenances thereunto

appertaining, situate, lying and being on the westerly side of

Virginia, State Highway Route No. 3, in White Stone Magisterial

District, Lancaster County, Virginia, consisting of a total of 1.056

acres shown as Lots 2 and 3 on a certain plat of survey entitled

"Lot Location Survey Albert Walter Veney and Agnes L. Veney"

dated November 18, 1983, revised July 23, 1984, made by Tomlin,

Keyser & Dillard, P.C., Certified Land Surveyors, a copy of which

plat is to be recorded herewith as a part hereof, and reference to

which is expressly made for a more accurate description. (Plat

recorded in Book 286, Page 343-344, public records of Lancaster

County, Virginia.) 

Together with a perpetual easement of right of way over and

	






			

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across Lots 4 and 5 for the purpose of ingress and egress to and

from Virginia State Highway Route No. 3 and the property hereby

conveyed, together with others having a right thereto. 

Being the same property conveyed to ALBERT WALTER VENEY,

and AGNES L. VENEY, husband and wife, by deed from HARRIET

V. WRIGHT, widow; NELLIE V. HARDY, and GEORGE HARDY, her

husband; AGNES L. RICE, widow, ALBERT WALTER VENEY and

AGNES L. VENEY, his wife; WILBERT VENEY and HATTIE VENEY

his wife; ROBERT J. COOPER, widower; WILLIE ANN DlGGS and

NORMAN DIGGS, her husband; JAMES H. VENEY, divorced;

DELOISE V. CARTER and LAURENCE CARTER, her husband;

ETHEL BAYLOR and ROBERT BAYLOR, her husband; LEROY

VENEY, unmarried; MELVIN E. VENEY, SR., and CAROLINE

VERONICA VENEY, his wife; and GlLBERT VENEY and OMELlA D.

VENEY, his wife, dated March 30th 1988 and recorded in Deed Book

286 Page 334, Lancaster County, Virginia. 

Upon consideration of the foregoing, it is ORDERED: 

1. Debtor will resume making all future regular monthly installment payments

in the amount of $701.41, pending further notice from the mortgage

company, as they become due commencing July 5, 2020.

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

of February 5, 2020 through June 5, 2020, in the total amount of

$1,479.45, which arrears were calculated as follows:

Number of

Payments

From To Monthly Payment

Amount

Total Payments

5 02/05/2020 06/05/2020 $701.41 $3,507.05

Motion For Relief ± Legal Fees & Cost $731.00

Payment Received ± 5/1/2020 ($1,362.83)

Payment Received ± 5/29/2020 ($700.00)

Less post-petition partial payments (suspense balance): ($695.77)

Total:$1,479.45

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

sufficient clearing of any previously applied post-petition funds.

b. Payment due on or before July 19, 2020 in the amount of $246.58.

c. Payment due on or before August 19, 2020 in the amount of

$246.58.

d. Payment due on or before September 19, 2020 in the amount of

$246.58.

e. Payment due on or before November 19, 2020 in the amount of

$246.57.

f. Payment due on or before December 19, 2020 in the amount of

$246.57.

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g. Payment due on or before January 19, 2021 in the amount of

$246.57

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

should be forwarded to the following address until further

notice: 

NewRez LLC d/b/a Shellpoint Mortgage Servicing

PO Box 740039

Cincinatti, OH 45274-0039

3. In the event that any payment required by this Order is not received by

the Movant within fifteen (15) days after it is due the Movant may mail a

Notice of Default to the Debtor by first class mail, postage prepaid (and,

if it desires, also by certified or registered mail) with a copy to the Court,

Counsel for Debtor and the Chapter 13 Trustee by first class mail,

postage prepaid or by email at the same time as the Notice of Default is

mailed to the Debtor. The Notice of Default will state in simple and plain

language:

a. That the Debtor is in default in making at least one payment

required under this Order;

b. The date(s) and amount(s) of each payment missed and any late

charge or other fee necessary to cure the default;

c. The action necessary to cure the default, including any address

to which payments must be mailed;

d. That the Debtor or Trustee must take one of the following actions

within fourteen (14) days after the date of the mailing of the

Notice of Default:

i. Cure the default;

ii. File an objection with the Court stating that no default

exists; or

iii. File an objection with the Court stating any other reason

why an Order granting relief from the Automatic Stay

should not be entered;

e. That if the Trustee or Debtor do not take one of the actions set

forth in paragraph 3(d), the Movant may file a certificate that it has

complied with the terms of this Order and that the Court may grant

relief from the Automatic Stay without further notice to the Debtor;

and

f. That if the Automatic Stay is terminated, the collateral may be sold

at foreclosure.

If the Trustee or Debtor do not take one of the actions set forth in paragraph 3(d), the

Movant may submit a certificate stating that it has complied with the terms of this Order and that

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neither the Trustee nor Debtor have taken one of the actions set forth in paragraph 3(d) and may

submit together with the certificate a draft Order terminating the Automatic Stay.

If the Trustee or Debtor files an objection to the Notice of Default, the Movant must set the

matter for hearing and give notice of the hearing to the Debtor, Counsel for Debtor and the Trustee.

At the hearing, the Court may terminate the stay or take other action appropriate to the

circumstances.

4. The provisions of this Order with respect to regular monthly installment

payments expire one year after the date of entry of this Order. In the

event of the default in payment of any regular monthly installment

payment due more than one year after the date of entry of this Order, the

Movant must obtain relief by filing a new motion for relief from stay with

appropriate notice and hearing.

5. Until the automatic stay is terminated, Movant may not refuse to accept or

apply payments tendered by the Debtor, even if such payments are late or

in the incorrect amount. Should Movant, at its option, accept a non-timely

payment, it shall be without prejudice and shall not constitute a waiver of

any default or of any of its rights pursuant to any other provisions

contained within this Order.

6. 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, but otherwise such stay shall remain in

full force and effect until further order of the court.

7. 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 the amount of $50.00 for the issuance of a Notice of

Default, and additional attorney's fees not to exceed $100.00, for issuance

of a Certificate of Default and preparation of an Order Terminating the

Automatic Stay.

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

9. Relief is granted as to Albert Veney, Sr, Anastasia Johnson, Rodney

Johnson, the Codebtor, from the automatic stay imposed by 1301(a) to

the same extent and on the same terms and conditions as granted as to

the Debtor.

DATED:



UNITED STATES BANKRUPTCY JUDGE

Jul 19 2020 /s/ Keith L Phillips

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NOTICE OF JUDGMENT OR ORDER

Entered on Docket



I ask for this:

By: /s/JOHNIE R. MUNCY

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

jmuncy@siwpc.com

Counsel for New Rez LLC dba

Shellpoint Mortgage Servicing as

servicer for U.S. Bank, N.A., as

Trustee, successor in interest to

Wachovia Bank, National Association,

as Trustee, for Mid-State Trust XI

Seen and Agreed:

/s/Michael D. Thomas

Michael D. Thomas

Counsel for Debtor

122 East Pembroke Avenue

Hampton, VA 23669

 /s/Suzanne E. Wade

Suzanne E. Wade

Chapter 13 Trustee

7202 Glen Forest Drive, Suite 202

Richmond, VA 23218-1780

19-34756-KLP

Jul 21 2020

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CERTIFICATE OF SERVICE

I hereby certify that this proposed Order is substantially in compliance with Standing Order

Number 10-2, with the Court's informal instructions and that it has been endorsed by all necessary

parties involved in this proceeding.

By: /s/JOHNIE R. MUNCY

Johnie R. Muncy, Esquire

Samuel I. White, P.C.

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

Suzanne E. Wade

Chapter 13 Trustee

7202 Glen Forest Drive, Suite 202

Richmond, VA 23218-1780

Michael D. Thomas

Counsel for Debtor

122 East Pembroke Avenue

Hampton, VA 23669

Agnes Lavarra Veney

Debtor

PO Box 45

Weems, VA 22576

Albert Veney, Sr, Anastasia Johnson, and Rodney Johnson

Codebtor

2574 Irvington Road

Weems, VA 22576

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