UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

www.flsb.uscourts.gov

IN RE: CASE NO. 19-24331-BKC-JKO 

 CHAPTER 13 

RALPH LEVI SANDERS, JR. 

__________________________/ 

MOTION TO VALUE AND DETERMINE SECURED STATUS OF LIEN 

ON REAL PROPERTY

IMPORTANT NOTICE TO CREDITORS:

THIS IS A MOTION TO VALUE YOUR COLLATERAL

This Motion seeks to value collateral described below securing the claim of 

the creditor listed below.

IF YOU DISPUTE THE VALUE ALLEGED OR TREATMENT OF YOUR CLAIM 

PROPOSED IN THIS MOTION, YOU MUST FILE A WRITTEN OBJECTION NO 

LATER THAN TWO BUSINESS DAYS PRIOR TO THE SCHEDULED HEARING 

[SEE LOCAL RULE 3015-3(A)(2)]

If you have not filed a proof of claim, you have until the later of the claims bar 

date or 21 days from the date this Motion was served upon you to file a proof 

of claim or you will be deemed to have waived the right to payment of any 

unsecured claim to which you might otherwise be entitled. [See Local Rule

3015-3(A)(4)]

1. Pursuant to 11 U.S.C. §506, Bankruptcy Rule 3012, and Local Rule 3015-3, the Debtor 

seeks to value real property securing the claim of the U.S. Small Business Administration 

(the “Lender”). Lender holds a mortgage recorded on September 29, 2006 at OR Book 

42856, Pages 832 to 837 in the Official Records of Broward County, Florida. 

2. The real property is located at 561 SW 60 Ave., Plantation, FL 33317 and is more 

particularly described as follows: 

Lot 22, Block 4, of PLANTATION PARK 10TH ADDITION, according to 

the plat thereof, recorded in Plat Book 55, Page 21, of the Public 

Records of Broward County, Florida.

LF-77 (rev. 11/01/17) 

Case 19-24331-JKO Doc 32 Filed 02/01/20 Page 1 of 4
LF-77 (rev. 11/01/17) 

3. At the time of the filing of this case, the value of the real property is $415,000.00 as 

determined by Debtor’s Internet research (i.e., www.realquest.com). 

4. The Bank of New York Mellon Trustee c/o Specialized Loan Servicing LLC holds a lien 

on the real property, senior to priority to Lender, securing claims in the aggregate 

amount of $433,587.20. 

5. (Select only one):

 X Lender’s collateral consists solely of the Debtor’s principal residence. As 

there is no equity in the real property after payment in full of the claims 

secured by liens senior to that of Lender, the value of Lender’s secured 

interest in the real property is $0.00. 

 Lender’s collateral is not solely the debtor’s principal residence. After 

payment in full of the claims secured by liens senior to that of Lender, 

there is equity of $ remaining in the real property. 

Accordingly, the value of Lender’s secured interest in the real property 

is $ and the value of the Lender’s unsecured, deficiency claim is 

$ . 

6. The undersigned reviewed the docket and claims register and states (select only one):

 X 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 to the extent provided in paragraph 5, above, and as a general 

unsecured claim for any deficiency, regardless of the original classification 

in the proof of claim as filed. 

or 

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

secured claim to the extent provided in paragraph 5, above, and as a 

general unsecured claim for any deficiency, regardless of the original 

classification in the proof of claim. 

7. The subject real property may not be sold or refinanced without proper notice 

and further order of the court. 

WHEREFORE, the debtor respectfully requests an order of the Court (a) determining the 

value of the real property in the amount asserted in this Motion, (b) determining the secured status 

of the Lender’s lien as stated above, (c) determining that any timely filed proof of claim is classified 

as stated above, (d) if Lender’s secured interest in the real property is determined to be $0, 

Case 19-24331-JKO Doc 32 Filed 02/01/20 Page 2 of 4
LF-77 (rev. 11/01/17) 

deeming Lender’s mortgage on the real property void and extinguished automatically, without 

further order of the Court, upon entry of the debtor’s discharge in this chapter 13 case, and 

(e) providing such other and further relief as is just. 

NOTICE IS HEREBY GIVEN THAT:

1. In accordance with the rules of this Court, unless an objection is filed with the Court 

and served upon the debtor, the debtor’s attorney, and the trustee at least two (2) 

business days prior to the hearing scheduled on this Motion, the value of the collateral 

may be established at the amount stated above without further notice, hearing or order of 

the Court. Pursuant to Local Rule 3015-3, timely raised objections will be heard at the 

hearing scheduled on the Motion. 

2. The undersigned acknowledges that this Motion and the notice of hearing thereon must 

be served pursuant to Bankruptcy Rule 7004 and Local Rule 3015-3 at least 21 days 

prior to the hearing date and that a certificate of service must be filed when the Motion 

and notice of hearing thereon are served. 

CERTIFICATE OF SERVICE AND COMPLIANCE 

WITH LOCAL RULES 3015-3(A)(1) AND 9073-1(D)

 I hereby certify that a copy of this Motion and the Notice of Hearing Generated by the 

Court upon filing of instant motion will be served pursuant to Bankruptcy Rule 7004 on the 

Chapter 13 trustee and the following affected parties in the manner described below on this 1st

day of February, 2020 and that I have conferred with opposing counsel in an attempt to resolve 

these issues before requesting this hearing.: 

I hereby certify that I am admitted to the Bar of the United States District Court for the Southern District of Florida 

and I am in compliance with the additional qualifications to practice in this Court as set forth in local rule 910(d)(1) 

and (2). 

Served Upon:

Via CM/ECF:

Office of the US Trustee 

USTPRegion21.MM.ECF@usdoj.gov 

Robin R Weiner 

ecf@ch13weiner.com;ecf2@ch13weiner.com 

Gavin N Stewart on behalf of Creditor Specialized Loan Servicing LLC 

bk@stewartlegalgroup.com 

Case 19-24331-JKO Doc 32 Filed 02/01/20 Page 3 of 4
LF-77 (rev. 11/01/17) 

Via Certified US Mail:

Victoria Guerrero, District Director 

U.S. Small Business Administration 

51 SW First Ave., Suite 201 

Miami, FL 33130 

Stephen Kong, COO 

U.S. Small Business Administration 

409 3rd St. S.W., Suite 7000 

Washinton, DC 20416 

Via US Mail:

Small Business Administration 

801 Tom Martin Dr., Suite 120 

Birmingham, AL 35211 

Dated: February 1, 2020 LAW OFFICES OF MICHAEL H. JOHNSON 

Attorneys for Debtor(s) 

3601 W. Commercial Blvd, Ste 31 

Ft. Lauderdale, FL 33309 

(954) 535-1131 

By:_/s/ Michael H. Johnson_____ 

 Michael H. Johnson 

 Florida Bar No. 0149543 

Case 19-24331-JKO Doc 32 Filed 02/01/20 Page 4 of 4