IN THE UNITED STATES BANKRUPTCY COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

MOTION FOR RELIEF FROM AUTOMATIC STAY

COMES NOW, Ditech Financial Inc., hereinafter referred to as “Movant”, seeking

modification of the automatic stay in this case in order to exercise any and all rights Movant may

have in the collateral described below, or in the alternative, adequate protection, and for cause

would show the Court as follows:

1. On September 26, 2019, Matthew Stanley Carter (hereinafter referred to as

“Debtor”), filed for relief under Chapter 7 of the Bankruptcy Code.

2. Jurisdiction of this cause is granted to the Bankruptcy Court pursuant to 28 U.S.C.

§1334, 11 U.S.C. §362 and all other applicable rules and statues affecting jurisdiction of

the Bankruptcy Courts generally.

3. On August 1, 2018, Movant filed a foreclosure action in the case styled Ditech

Financial LLC vs. Matthew S. Carter; Mortgage Electronic Registration Systems, Inc. as

Nominee for Countrywide Home Loans, Inc., Case Number 2018-CA-000580 (Indian

River County Circuit Court).

4. On May 28, 2019, the Circuit Court entered a Final Summary Judgment of

Foreclosure. The total amount due on the Final Summary Judgment of Foreclosure is

$77,658.05, plus post-judgement interest, fees and cost. A copy of the Final Summary

Case No.:19-22833-MAM

Chapter 7

IN RE:

MATTHEW STANLEY CARTER 

Debtor. /

Case 19-22833-MAM Doc 12 Filed 10/11/19 Page 1 of 16
Judgment of Foreclosure is attached as Exhibit “A”. 

5. Movant has a lien for the grand total sum specified in the Final Judgment of 

Foreclosure. The lien was determined to be a first mortgage lien and encumbers the 

subject property located in Indian River County, Florida and described as:

6. Debtor has defaulted under the terms of the Agreement by failing to make the

payments as required under the Agreement. The account is currently due for the

November 1, 2017 payment. The current delinquency as of September 28, 2019 is

$18,517.03 through and including the September 30, 2019 payment, late fees and credit

for unapplied funds. The current monthly payment is $824.59 which consists of principal,

interest, and escrow. The payoff is $84,671.91 as of September 28, 2019.

7. According to Indian River Country Property Appraiser, the appraised value of the

property is $80,142.00. See Exhibit “B” which is attached hereto and permissible as a

property valuation under Fed. R. Evid. 803(8).

8. Based upon the Debtor’s schedules, the Subject Property is claimed as nonexempt. The Trustee has not abandoned the property.

9. The Statement of Intentions filed in this case by the Debtor(s) provides for

surrender of the Collateral under section 521(a)(2)(A) of the Bankruptcy Code.

Accordingly, the Debtor(s) must surrender the Collateral to the Movant as lienholder

such that the Debtor(s) make the Collateral available to the Movant and give up any

rights to the Collateral, including the right to defend or contest any related state court

foreclosure and or replevin action. Movant requests that any order granting relief from

stay provide that the Debtor(s) is/are precluded from defending or taking any overt act

Case 19-22833-MAM Doc 12 Filed 10/11/19 Page 2 of 16
that impedes the Movant’s ability to foreclosure its interest in the Collateral and pursue 

its in rem contractual state court rights in any foreclosure and or replevin action. In re 

Failla, 383 F.3d 1170 (11 Cir. 2016). 

10. Movant’s security interest in the subject property is being significantly 

jeopardized by Debtor’s failure to comply with the terms of the subject loan documents 

while Movant is prohibited from pursuing lawful remedies to protect such interest. 

Movant has no protection against the erosion of its collateral position and no other form 

of adequate protection is provided. 

11. If Movant is not permitted to enforce its security interest in the collateral or be 

provided with adequate protection, it will suffer irreparable injury, loss, and damage. 

12. Movant further requests this Court grant it relief from the Automatic Stay in the 

case pursuant to §362(d)(1) of the Bankruptcy Code, for cause, namely the lack of 

adequate protection to Movant for its interest in the above stated collateral. The value of 

the collateral is insufficient in and of itself to be provided to the Movant. Movant 

additionally seeks relief from the Automatic Stay pursuant to §362(d)(2) of the 

Bankruptcy Code, as the collateral is unnecessary to an effective reorganization of the 

Debtor’s assets. In addition, since the Debtor has surrendered the Collateral, the Debtor 

has no incentive to adequately protect the Collateral. 

13. Movant has incurred court costs in the amount of $181.00 and attorney’s fees in 

the amount of $750.00 in this proceeding and will incur additional fees, costs and 

expenses in foreclosing the Mortgage and in preserving and protecting the property, all of 

which additional sums are secured by the lien of the Mortgage. Movant seeks an award of 

its reasonable attorneys’ fees and costs, or alternatively, leave to seek recovery of its 

Case 19-22833-MAM Doc 12 Filed 10/11/19 Page 3 of 16
reasonable attorneys’ fees and costs in any pending or subsequent foreclosure proceeding.

14. A Proposed Order accompanies this Motion. See Exhibit “C” attached hereto.

WHEREFORE, Movant prays this Honorable Court enter an order modifying the

automatic stay under 11 U.S.C. §362(d) to permit Movant to take any and all steps necessary to

exercise any and all rights it may have in the collateral described herein, to gain possession of

said collateral, to waive the 14-day stay imposed to Fed.R.Bankr.P. 4001(a)(3), to seek recovery

of its reasonable attorneys’ fees and costs incurred in this proceeding, and to any such further

relief as this Honorable Court deems just and proper.

DATED this 11th day of October, 2019.

Respectfully submitted,

 /S/ Seth Greenhill

___________________________________

SETH GREENHILL, ESQ.

Florida Bar # 97938

PADGETT LAW GROUP

6267 Old Water Oak Road, Suite 203

Tallahassee, FL 32312

(850) 422-2520 (telephone)

(850) 422-2567 (facsimile)

SGreenhill@padgettlaw.net

Attorney for Creditor

Case 19-22833-MAM Doc 12 Filed 10/11/19 Page 4 of 16
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished

to the parties on the attached Service List by electronic notice and/or by First Class U.S. Mail on

this 11th day of October 2019:

/S/ Seth Greenhill

___________________________________

SETH GREENHILL, ESQ.

Florida Bar # 97938

PADGETT LAW GROUP

6267 Old Water Oak Road, Suite 203

Tallahassee, FL 32312

(850) 422-2520 (telephone)

(850) 422-2567 (facsimile)

SGreenhill@padgettlaw.net

Attorney for Creditor

Case 19-22833-MAM Doc 12 Filed 10/11/19 Page 5 of 16
SERVICE LIST (CASE NO. 19-22833-MAM)

Debtor

Matthew Stanley Carter 

3105 18th Street 

Vero Beach, FL 32960 

Attorney

David L. Merrill, Esq. 

The Associates 

1525 Prosperity Farms Road, Suite B 

West Palm Beach, FL 33403 

Trustee

Nicole Testa Mehdipour 

United States Bankruptcy Trustee 

200 East Broward Blvd. 

Suite 1110 

Ft Lauderdale, FL 33301 

U.S. Trustee

Office of the US Trustee 

51 S.W. 1st Ave. 

Suite 1204 

Miami, FL 33130 

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[+] Map this property.

Data For Parcel 33390300031000000001.0

History Data

Parcel: 33390300031000000001.0

Owner: CARTER MATTHEW S

Site Address: 3105 18TH ST VERO BEACH, FL 32960

Exemptions

Exemption Type Description

HEX Exemption of Homestead

History

Year History Value By Property Use Land Just Value Land Class Value Improvement Value CAMA Value Taxes

2018 0100 $15,216 $0 $64,926 $80,142 $573.17

2017 0100 $15,216 $0 $60,564 $75,780 $565.08

2016 C 0100 $12,960 $0 $57,240 $70,200 $555.29

2015 C 0100 $12,960 $0 $45,810 $58,770 $565.32

2014 C 0100 $12,200 $0 $41,550 $53,750 $521.00

2013 C 0100 $11,590 $0 $41,560 $53,150 $500.59

2012 C 0100 $12,600 $0 $35,350 $47,950 $477.37

2011 C 0100 $12,600 $0 $41,600 $54,200 $546.75

2010 C 0100 $15,120 $0 $49,910 $65,030 $631.95

2009 C 0100 $20,160 $0 $52,010 $72,170 $603.59

2008 C 0100 $35,270 $0 $57,020 $92,290 $576.85

2007 C 0100 $35,740 $0 $72,600 $108,340 $688.12

2006 C 0100 $39,450 $0 $74,230 $113,680 $681.53

2005 C 0100 $28,180 $0 $59,330 $87,510 $699.23

2004 C 0100 $18,320 $0 $56,430 $74,750 $681.93

2003 C 0100 $13,240 $0 $50,180 $63,420 $691.66

2002 C 0100 $13,240 $0 $44,210 $57,450 $656.10

2001 C 0100 $13,240 $0 $40,580 $53,820 $646.41

2000 C 0100 $12,680 $0 $32,130 $44,810 $486.05

1999 C 0100 $12,680 $0 $32,140 $44,820 $480.33

1998 C 0100 $12,680 $0 $31,440 $44,120 $482.21

1997 C 0100 $12,680 $0 $31,600 $44,280 $465.29

1996 C 0100 $12,680 $0 $30,010 $42,690 $450.35

1995 C 0100 $12,680 $0 $30,010 $42,690 $436.19

1994 C 0100 $9,370 $0 $30,410 $39,780 $410.05

1993 C 0100 $9,370 $0 $30,160 $39,530 $376.57

1992 C 0100 $9,860 $0 $30,070 $39,930 $376.48

1991 C 0100 $9,860 $0 $30,830 $40,690 $387.19

1990 C 0100 $8,460 $0 $31,340 $39,800 $357.55

Report Discrepancy

GIS parcel shapefile last updated 10/2/2019 5:09:52 PM.

The CAMA data presented on this website is current as of 10/2/2019 11:06:11 PM.

Case 19-22833-MAM Doc 12 Filed 10/11/19 Page 14 of 16
IN THE UNITED STATES BANKRUPTCY COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

ORDER GRANTING 

MOTION FOR RELIEF FROM AUTOMATIC STAY

This case is before the Court upon the Motion for Relief from Automatic Stay [D.E. ___], filed

by creditor Ditech Financial Inc., and hereinafter referred to as “Movant”. No appropriate

response having been filed in accordance with Local Rule 2002-4, it is:

 ORDERED:

Case No.:19-22833-MAM

Chapter 7

IN RE:

MATTHEW STANLEY CARTER 

Debtor. /

Case 19-22833-MAM Doc 12 Filed 10/11/19 Page 15 of 16
1. The Motion is GRANTED.

2. The automatic stay imposed by 11 U.S.C. §362 is lifted as to Movant, and it may 

proceed with the enforcement of its security interest upon the following property:

ALL THAT CERTAIN PROPERTY LOCATED AT 3105 18TH STREET, VERO 

BEACH, FL 32960 AND MORE ACCURATELY DESCRIBED BY ITS LEGAL 

DESCRIPTION WHICH IS:

3. The order granting relief from stay is entered for the sole purpose of allowing 

Movant complete in rem relief to take any and all steps necessary to exercise any and all rights it 

may have in the collateral, to gain possession of said collateral, to have such other and further in 

rem relief as is just, and that Movant shall not obtain in personam relief against the debtor.

4. The Debtor is precluded from defending or taking any overt act that impedes 

Movant’s ability to foreclosure its interest in the Collateral and pursue its in rem contractual state 

court rights in any foreclosure/replevin action. The Court retains jurisdiction to enforce and 

interpret the terms of this Order. In re Failla, 383 F.3d 1170 (11 Cir. 2016) 

5. The Movant made sufficient allegations and a request in the Motion for Relief 

from Stay to waive the 14 day stay requirement of Bankruptcy Rule 4001(a)(3). No objection 

being raised, the automatic stay shall be lifted immediately upon execution of this order.

6. This Order will survive any conversion in the instant case.

Attorney Seth J. Greenhill is directed to serve a copy of this order on interested parties and 

file a proof of service within 3 days of entry of the order.

Order prepared by:

Seth J. Greenhill, Esq.

Padgett Law Group

Seth.Greenhill@padgettlawgroup.com

Case 19-22833-MAM Doc 12 Filed 10/11/19 Page 16 of 16