BWW#: VA-342210

___________________________

Lauren S. Hunt, VSB# 92916

8100 Three Chopt Road, Suite 240

Richmond, VA 23229 

(804) 282-0463 (Phone)

Counsel for the Movant

UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

IN RE:

HARRIET E. SALLEY

Debtor

_______________________________

U.S. BANK TRUST NATIONAL 

ASSOCIATION, NOT IN ITS INDIVIDUAL 

CAPACITY, BUT SOLELY AS TRUSTEE 

OF CITIGROUP MORTGAGE LOAN 

TRUST 2018-RP3

Movant

v.

HARRIET E. SALLEY

Debtor/Respondent

and

SUZANNE E. WADE

Trustee/Respondent

Case No. 20-33649-KRH

Chapter 13

CONSENT ORDER MODIFYING AUTOMATIC STAY

This matter was before the court on December 30, 2020 on the motion of U.S. Bank Trust 

National Association, not in its individual capacity, but solely as trustee of Citigroup Mortgage Loan 

Trust 2018-RP3 (the “Movant”) for relief from the automatic stay with respect to the real property 

located at 6647 Wexford Lane, Richmond, VA 23225 (the “Property”) and more particularly described 

as follows:

Upon consideration of which, it is

ORDERED:

1. The Debtor will resume making regular monthly installment payments in the amount of 

$1,342.09 (subject to adjustment due to interest rate changes or escrow changes) as they 

become due commencing on August 1, 2021. Late payments will include applicable late charges 
in the amount of $0.00 (subject to change due to adjustments of the monthly principal and 

interest payment).

2. The Debtor will cure the post-petition arrearage currently due to the Movant through July 1, 

2021 in the total amount of $14,600.99, which includes 10 post-petition monthly payments due 

from October 1, 2020 through July 1, 2021 in the amount of $1,342.09 each, filing fees of 

$188.00, attorney's fees of $1,050.00, and credit for funds currently in suspense in the amount 

of $57.91, by applying for and submitting all necessary information and documentation 

necessary to be considered for a written modification of the terms of the promissory note 

secured by the movant’s deed of trust encumbering the Property. The Debtor must file the 

appropriate pleadings with the court and obtain court approval of the terms of any loan 

modification agreement within 120 days of the entry of this order in accordance with Local 

Rule 6004-4. Any loan modification agreement reached between the Movant and the Debtor 

shall be considered valid only after it has been approved by order of the court. 

3. In the event that any payment set forth in this order is not received by the Movant within 15 

days after it is due and/or in the event that, 120 days from the date of the entry of this order, the 

loan modification has not been completed, the Debtor’s application for a loan modification has 

been denied, or the Debtor has not obtained court approval of the terms of a loan modification 

agreement, 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 Debtor’s counsel 

and the 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 and/or in timely obtaining court approval of the loan modification agreement 

and is currently post-petition delinquent; 

b. The dates and amount 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 

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 Debtor or Trustee does 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 Debtor or Trustee does 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 neither the Debtor nor the Trustee has 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 Debtor or Trustee files an objection, the Movant must set the matter for hearing 
and give notice of the hearing to the Debtor, Debtor’s counsel 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 the 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 the 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 an order is entered terminating the automatic stay, the Movant may not refuse to accept or

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

amount; however, acceptance of non-conforming payments is without prejudice and shall not

constitute a waiver of any default.

6. The automatic stay is modified to permit the noteholder or servicing agent to send the Debtor

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.

7. Should the Debtor default pursuant to the terms contained herein, unless otherwise ordered by

this court, the Movant shall be entitled to reasonable attorney’s fees in the amount of $100.00

for issuance of a notice of default, and an additional $100.00 for issuance of a certificate of

default and preparation of an order terminating the automatic stay.

Richmond, Virginia

Date: _________________ _________________________________

United States Bankruptcy Judge 

Entered on Docket: _________________ 

WE ASK FOR THIS:

_____________________________

Lauren S. Hunt, VSB# 92916 

BWW Law Group, LLC 

8100 Three Chopt Road, Suite 240 

Richmond, VA 23229

(804) 282-0463 (phone)

(804) 282-0541 (facsimile)

Counsel for the Movant

V/DXUHQ6+XQW

Aug 16 2021 /s/ Kevin R Huennekens

Aug 17 2021
SEEN AND AGREED:

_________________________

Jeanne E Hovenden, Esq. 

9830 Lori Road 

P.O. Box 1839 

Chesterfield, VA 23832

Counsel for the Debtor 

SEEN:

_________________________

Suzanne E. Wade, Trustee

7202 Glen Forest Drive, Ste. 202 

Richmond, VA 23226

Chapter 13 Trustee

CERTIFICATION

The undersigned certifies that: 

1. The foregoing Consent Order Modifying Automatic Stay is identical to the form order required

by Standing Order No. 10-2 and that no modification, addition, or deletion has been made

WITH THE EXCEPTION OF THE FOLLOWING:

a. Paragraph 2 of the order has been modified to include a detailed accounting of the postpetition arrearage owed to the Movant; and

b. Paragraph 3 of the order has been modified to include an additional stipulation providing

that the debtor's failure to timely obtain a Loan Modification, in accordance with the

requirements set forth in paragraph 2 herein, shall be considered an event of default under

the terms of this order; and

2. The foregoing Consent Order Modifying Automatic Stay has been endorsed by or on behalf of

all necessary parties and counsel herein pursuant to Local Rule 9022-1.

_____________________________

Lauren S. Hunt 

BWW Law Group, LLC 

Counsel for the Movant

cc:

Suzanne E. Wade, Trustee

7202 Glen Forest Drive, Ste. 202 

V-HDQQH(+RYHQGHQ

V6X]DQQH(:DGH

V/DXUHQ6+XQW
Richmond, VA 23226

Jeanne E Hovenden, Esq. 

9830 Lori Road 

P.O. Box 1839 

Chesterfield, VA 23832

Harriet E. Salley 

4932 Topping Lane

Glen Allen, VA 23060