UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO. 19-26046-BKC-AJC

IN RE: CHAPTER 13

GERARDO ARIAS,

Debtor.

 /

ORDER GRANTING DEBTOR'S MOTION TO VALUE AND DETERMINE SECURED

STATUS OF LIEN ON REAL PROPERTY HELD BY TOWNHOUSES AT

JACARANDA CONDOMINIUM ASSOCIATION, INC.

THIS CAUSE having come on to be heard at 9:00 a.m.,

on January 28, 2020, on the Debtor's Motion to Value and determine secured status of lien

on real property, [ECF 23]. Based upon the Debtor's assertions made in support of the

Motion, without objection, having considered the record in this case, and based upon the

record, the Court FINDS as follows:

A. The value of the Debtor's real property located at 8233 Northwest 8th Street,

Unit 26-06, Plantation, FL 33324, and more particularly described as:

Condominium Unit No. 6, ISLANDIA CONDOMINIUM 26, according to the

Declaration thereof, as recorded in Official Records Book 9046, Page 824, of the

Public Records of Broward County, Florida,

is $142,900.00, at the time of filing of this case.

A. Jay Cristol, Judge

United States Bankruptcy Court

_____________________________________________________________________________

ORDERED in the Southern District of Florida on January 29, 2020.

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B. The total of all claims secured by liens on the Real Property senior to the lien

of Townhouses at Jacaranda Condominium Association Inc., (the "Lender") is

$168,625.00.

C. The equity remaining in the Real Property after payment of all claims

secured by liens senior to the lien of Lender is $0.00 and Lender, Townhouses at

Jacaranda Condominium Association Inc., has a secured interest in the Real Property in

such amount.

Consequently, it is ORDERED as follows:

1. The Motion is GRANTED.

2. Lender, Townhouses at Jacaranda Condominium Association Inc., has an

allowed secured claim in the amount of $0.00.

3. Because Lender's secured interest in Real Property is $0, Lender's two 

liens recorded on June 17, 2010 at OR Book 47153 at Page 600 and the second lien 

recorded on October 25, 2018 at Instrument number 115407654, of the official records 

of Broward County, Florida shall be deemed void and shall be extinguished 

automatically, without further order of the Court, upon entry of the Debtor's discharge in 

this Chapter 13 case. Further, if this case is converted to a case under any other 

Chapter or if this Chapter 13 case is dismissed, Lender's lien will no longer be 

considered void and shall be restored as a lien on the real property.

4. (Select only one):

 Lender has not filed a proof of claim in this case. The Trustee shall not

disburse any payments to Lender unless a Proof of Claim is timely filed. In

the event a proof of claim is timely filed, it shall be classified as a secured

claim in the amount stated in paragraph 2, above, and as a general

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unsecured claim for any amount in excess of such secured claim, regardless

of the original classification in the proof of claim as filed.

or

X Lender, Townhouses at Jacaranda Condominium Association Inc., 

filed a proof of claim in this case. It shall be classified as a secured claim in

the amount provided in paragraph 2, above, and as a general unsecured

claim in the amount of $59,640.57, regardless of the original classification in

the proof of claim as filed.

5. The real property may not be sold or refinanced without proper notice and

further order of the Court.

6. Notwithstanding the foregoing, this Order is not recordable or enforceable

until the Debtor receives a Discharge in this Chapter 13 case.

7. The mortgage lien holder shall issue a satisfaction of mortgage within 30

days of the entry of the Debtor' Discharge.

# # #

Submitted by:

Michael J. Brooks, Esquire

10 Northwest LeJuene Road, Suite 620

Miami, FL 33126

Telephone (305) 443-4217

Facsimile (305) 443-3219

Email- Pleadings@bkclawmiami.com

Copies furnished to:

Michael J. Brooks, Esquire

Nancy Neidich, Trustee

Peters & Peters

Townhouses at Jacaranda Condominium Association, Inc., Attn: Lee Isaacs, President

Gerardo Arias, Debtor

Attorney, Michael J. Brooks, is directed to mail a conformed copy of this Order to

all interested parties immediately upon receipt thereof.

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