IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

In re:

LISA MONIQUE BROWN-CAMPBELL

AKA LISA BROWN-CAMPBELL

AKA LISA M. BROWN-CAMPBELL,

CHAPTER 13

DEBTOR.

CASE NO. 20-31538-KLP

MTGLQ INVESTORS, LP,

MOVANT,

vs.

LISA MONIQUE BROWN-CAMPBELL

and SUZANNE E. WADE, TRUSTEE,

RESPONDENTS.

ORDER GRANTING MODIFICATION OF STAY

The Motion of the Movant, MTGLQ Investors, LP, 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 13513 Prindell

Court, Chester, VA 23831, and more particularly described as follows:

ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND,

WITH ALL IMPROVEMENTS THEREON AND

APPURTENANCES THERETO BELONGING, LYING AND

BEING IN CHESTERFIELD COUNTY, VIRGINIA, AND

DESIGNATED AS LOT 21, SECTION ONE, LITTLEBURY AT

THE VILLAGES OF LONGMEADOW, AS SHOWN ON A PLAT

OF SUBDIVISION MADE BY TIMMONS GROUP, DATED

OCTOBER 7, 2003, RECORDED OCTOBER 31, 2003, IN THE

CLERK©S OFFICE OF THE CIRCUIT COURT OF

CHESTERFIELD, VIRGINIA, IN PLAT BOOK 138, PAGES 70-

71, REFERENCE TO WHICH PLAT IS HEREBY MADE FOR A

MORE PARTICULAR DESCRIPTION OF THE SAID

PROPERTY BEING CONVEYED HEREIN. 

Upon consideration of the foregoing, it is ORDERED: 

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

in the amount of $1,132.21, pending further notice from the mortgage

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

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

	






			

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of April 1, 2020 through August 1, 2020, in the total amount of $2,075.05,

which arrears were calculated as follows:

Number of 

Payments

From To Monthly Payment 

Amount

Total Payments

5 04/01/2020 08/01/2020 $1,132.21 $5,661.05

Motion For Relief ± Legal Fees & Cost $1,231.00

Bankruptcy Fee ± Plan Review $450.00

Bankruptcy Fee ± Proof of Claim $500.00

Property Inspection $33.00

Payment Received ± 7/30/2020 ($5,800.00)

Less post-petition partial payments (suspense balance): ($0.00)

Total: $2,075.05

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 September 15, 2020 in the amount of

$345.85.

c. Payment due on or before October 15, 2020 in the amount of

$345.84.

d. Payment due on or before November 15, 2020 in the amount of

$345.84.

e. Payment due on or before December 15, 2020 in the amount of

$345.84.

f. Payment due on or before January 15, 2021 in the amount of

$345.84.

g. Payment due on or before February 15, 2021 in the amount of

$345.84.

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

should be forwarded to the following address until further

notice: 

Rushmore Loan Management Services, LLC

15480 Laguna Canyon Road

Suite 100

Irvine, CA 92618

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

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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

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

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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. 

DATED:



UNITED STATES BANKRUPTCY JUDGE

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 MTGLQ Investors, LP

Sep 3 2020 /s/ Keith L Phillips

Sep 3 2020

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Seen and Agreed:

/s/ Mary-Scott Gates Hennigan

Mary-Scott Gates Hennigan

Counsel for Debtor

P.O. Box 187

Chesterfield, VA 23832

/s/ Suzanne E. Wade

Suzanne E. Wade

Chapter 13 Trustee

7202 Glen Forest Drive, Suite 202

Richmond, VA 23218-1780

20-31538-KLP

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/ Nisha R. Patel

Nisha R. Patel, 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

Mary-Scott Gates Hennigan

Counsel for Debtor

P.O. Box 187

Chesterfield, VA 23832

Lisa Monique Brown-Campbell

Debtor

13513 Prindell Court

Chester, VA 23831

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