INRE: 

UNITEDSTATESBANKRUPTCYCOURT 

SOUTHERN DISTRICT OF FLORIDA 

FORT LAUDERDALE DIVISION 

Case No19-21433-RBR 

Wayne Culbertson Chapter 13 

Debtors. I 

MOTION BY 21 ST MORTGAGE CORPORATION FOR RELIEF FROM 

STAY AND FOR PROSPECTIVE RELIEF FROM STAY 

21 ST MORTGAGE CORPORATION ("Creditor"), by and through its undersigned 

attorney, moves the Court to grant it Relief from the Automatic Stay for cause and for 

prospective relief from stay pursuant to Sections 105, 362(d)(l) and 362(d)(4)(B) of the 

Bankruptcy Code, and as grounds therefore would show: 

1. The Debtors filed a Petition under Chapter 13 of the Bankruptcy Code on 

August 26, 2019. And this Court has jurisdiction pursuant to 11 U.S.C. Sections 101 et 

seq. and 28 U.S.C. Section 157(a). Robin R. Weiner is the Trustee in this Case. 

2. Creditor owns and holds an Adjustable Rate Note and a Mortgage ("Note 

and Mortgage") granting it a security interest in the property owned by the Debtors. A 

copy of the Note and Mortgage are attached hereto as Exhibit "A" and Exhibit "B" and is 

incorporated herein by reference. 

3. Funds were advanced in connection with the aforementioned contracts as 

purchase money for the following property LOT TWO (2) LESS THE EAST 65 FEET 

THEREOF AND THE EAST 45 FEET OF LOT THREE (3), BLOCK R OF 

02594908. v I 
CORAL RIDGE COUNTRY CLUB SUBDIVISION, ACCORDING TO THE 

PLAT THEREOF, AS RECORDED IN PLAT BOOK 36, PAGE 30, OF THE 

PUBLIC RECORDS OF BROW ARD COUNTY, FLORIDA and more commonly 

known as 2500 NE 36TH Street, Fort Lauderdale, FL 33308, and located in Broward 

County, Florida. 

4. The amount of the debt secured by the lien is $1,020,442.95. Creditor lacks 

adequate protection for its interest in the property. 

5. The loan is currently due for the November l, 2009 payment and all 

subsequent payments. 

6. The property has been surrendered to Creditor, or the Debtors have 

indicated an intention to surrender the property to Creditor. Creditor's Affidavit as 

to Surrendered Property is attached hereto as Exhibit C. 

7. Movant requests a waiver of the fourteen (14) days stay under Rule 

400l(a)(3) of the Order Granting Relief so that Movant may pursue in rem remedies 

without further delay. 

8. Creditor has retained the undersigned to represent it in this cause and has 

agreed to pay a reasonable fee for such representation, for which Defendants are 

responsible pursuant to the terms of the Note and Mortgage. 

9. The time required for a hearing on this Motion is ten (10) minutes. 

WHEREFORE, Creditor, 218' Mortgage Corporation, respectfully requests this 

Court to enter an Order which modifies the Automatic Stay and permits Creditor 

foreclose its interest in a dispose of the property, furnish notices to Debtor regarding the 

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02594908.vl 
sale and proceeds of sale, pursuant to the terms of the Note and mortgage and state law, 

and for any and such other relief as this courts deems just and equitable, including 

prospective relief from stay, a certified copy of which may be recorded. 

SEND MAIL TO: 

Dean, Mead, Egerton, Bloodworth, 

Capouano & Bozarth, P.A. 

Attn: Leslie S. White 

Post Office Box 2346 

Orlando, FL 32802-2346 

02594908.vl 

DEAN, MEAD, EGERTON, BLOODWORTH, 

CAPOUA &BOZARTH,P.A. 

Attorneys r reditor 

By:_---V--'-''---------

Leslie S. White, for the firm 

Florida Bar No. 521078 

Telephone 407-841-1200 

Facsimile 407-423-1831 

primary email: lwhite@deanmead.com 

secondary email: bransom@deanmead.com 

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