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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

www.flsb.uscourts.gov

In re: Case No. 21-10636-LMI

Chapter. 13

TATYANA PAULINE ARBOLEDA

Debtor(s) /

AGREED ORDER GRANTING DEBTOR’S MOTION TO VALUE AND 

DETERMINE SECURED STATUS OF LIEN HELD BY HAMMOCKS COMMUNITY 

ASSOCIATION, INC.

THIS CASE came to be heard on September 9, 2021 at 9:00 am on the Debtor’s Motion 

to Value and Determine Secured Status of Lien of Hammocks Community Association, Inc.,

on Real Property (DE #92 the “Motion”). Based upon the Debtor’s assertions made in support 

of the Motion, without objection, having considered the record in this case, and being duly 

advised in the premises, the Court FINDS as follows:

A. The value of the debtor’s real Property is located at 15067 SW 103 Terrace, Apt. 14112 

Laurel M. Isicoff

Chief United States Bankruptcy Judge

___________________________________________________________________________

ORDERED in the Southern District of Florida on September 14, 2021.

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Miami, Florida 33196, (the “Real Property”) more particularly described as:

CORAL CLUB GARDEN VILLAS CONDO UNIT 14112 BLDG 14 

UNDIV 0.55% INT IN COMMON ELEMENTS OFF REC 23547-1153 

OR 23070-4893 020502 (“Property”).

is $220,000.00 at the time of the filing of this case.

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

Hammocks Community Association, Inc., (“Lien Holder” and/or “Creditor”) held by U.S. Bank 

Trust National Association c/o SN Servicing Corporation (“Lender”) is $234,868.37.

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

senior to the lien of Hammocks Community Association, Inc., Creditor, is $0.00 and Creditor has 

a secured interest in the Real Property in such amount.

Consequently, it is ORDERED as follows:

1. The Motion is GRANTED.

2. Hammocks Community Association, Inc., has an allowed secured claim in the 

amount of $ 0.00.

3. Because Hammocks Community Association, Inc.’s secured interest in the Real 

Property is $0.00, Creditor’s lien recorded on November 8, 2019 in OR Book 31684, at Page 465 

in the Official Records of Miami-Dade 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. If this case is converted to a case under any other chapter or if the chapter 

13 case is dismissed, Creditor’s lien will no longer be considered void and shall be restored as a 

lien on the Real Property.

4. Hammocks Community 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

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general unsecured claim in the amount of $ 8,167.05, regardless of the original classification in 

the proof of claim as filed. 

5. TheReal Propertymay not be sold orrefinanced 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. Upon notification that the debtor has received a discharge, the creditor shall take 

all steps necessary to release the lien upon the Real property.

 ###

 Marilyn L. Maloy, Esquire is directed to serve a conformed copy of this Order on all 

interested parties immediately upon receipt hereof and to file a certificate of service.

Submitted By: 

Marilyn L. Maloy, Esq. 

540 NW 165 Street Road, Suite #210 

Miami, Florida 33169 

Telephone: (786) 483-7541

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