H. Darden Hutson #29069

Fresh Start Law Office pllc

4807 Hermitage Road #205

Richmond VA 23227

T 804 266 4680

F 866 455 1349

E hdhlaw@fslo.com

UNITED STATES BANKRUPTCY COURT

Eastern District of Virginia

Richmond Division

IN RE: Verna Ndiaye

Case number 

19-32975KRH

Debtor Chapter 13

Pennymac Loan Services

Movant

vs

Verna Ndiaye

Respondent

RESPONSE TO MOTION OF PENNYMAC LOAN SERVICES

COMES THE DEBTOR by her counsel and files this response to the Motion for Relief 

from Stay filed by Pennymac Loan Services and states:

1. The allegations of paragraph 1-6 are admitted.

2. Strict proofs of the allegations in paragraphs 7 and 11 are demanded. 

3. The debtor acknowledges a default in post-petition mortgage payments, however 

pursuant to at least five notices of forborne payments filed due to the Covid 

pandemic, payments from June 2020 through and including September 2021 were 

forborne by the movant.

4. Despite such forbearance, the debtor made partial or full payments during those 

months. Per the debtor’s records, total missed payments on the Note are 

approximately as alleged in the motion. That is that of 19 payments due from June 

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2020 thru November 2021, of approximately $900.00 she is perhaps 2.5 months 

behind.

5. Per numerous conversations with the Movant, debtor was advised that the 

forborne payments would be resolved by agreement, most likely by adding such 

payments to the end of the Note term. No such formal agreement has been 

communicated to or offered to the debtor.

6. Despite the hardships of the last 18 months (debtor lost her employment for a time 

and had two eye surgeries requiring expense and additional lost time (before 

losing her employment)), debtor has made partial or full payments to the movant

and relied on the communications with the movant that the Covid issues would be 

resolved. Additionally the debtor has requested and obtained a waiver of the real 

property taxes due the County of Henrico due to her age. The movant has 

declined to refund the escrowed funds normally due the debtor and has instead 

indicated its intention to apply same (approximately $750) to the forborne 

arrearage. Such application, approval and notice from the County has occurred in 

the last two weeks and it is unclear whether such ‘credit’ on the account is 

included in the motion.

7. Movant, as is their right, has apparently decided to ignore both the hardships

endured over the last 18 months, not only by the debtor but by all of us, and 

proceed as though things are as they were and therefore debtor’s default on the 

Note should be resolved with its Motion for Relief.

8. Movant has requested relief, despite the statement in its forbearance notices filed 

with the Court that ‘Creditor and Debtor or Debtor’s Counsel agree on an 

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appropriate repayment or loss mitigation program’. No communications regarding 

repayment plans or loss mitigation have been communicated to debtor or counsel.

9. Additionally, movant seeks costs and fees for this motion of $1238 which is in 

addition to the ‘costs and fees’ of $650 charged the debtor’s account for ‘plan 

review and proof of claim’, which charges were not timely objected to by the 

debtor. Debtor does however, object to the fees and costs alleged in the motion for 

relief and demands strict proof of the rate and time counsel expended on its 

motion. 

10. Should the Court find the motion is well taken and the costs and fees reasonable, 

pursuant to 11 U.S.C. 1329 debtor requests leave to file a modified plan curing 

the arrears as determined.

WHEREFORE debtor prays that the Motion be denied and the movant either comply 

with its notice of forbearance and decency and propose a plan to resolve the arrearage or

if same is not forthcoming, that debtor may file a modified plan to be set for confirmation 

in resolution hereof.

Respectfully submitted

Verna Ndiaye

/s/H. Darden Hutson

VSB 29069

Fresh Start Law Office PLLC

4807 Hermitage Road #205

Richmond VA 23227

T 804 266 4680

F 866 455 1349

e hdhlaw@fslo.com

Certificate of Service

I certify that true and correct copies of the foregoing were mailed postage pre-paid or 

delivered Via ECF to:

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The U.S. Trustee, the Trustee in this case, Pennymac Loan Services c/o BWW Law 

Group, LLC, 8100 Three Chopt Road, Ste 240, Richmond VA 23229 and all parties in 

interest this November 22, 2021

/s/H Darden Hutson

Case 19-32975-KRH Doc 35 Filed 11/22/21 Entered 11/22/21 11:10:58 Desc Main

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