Mot to Lift Auto Stay 

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

 

In Re: Case No: 19-21093-LMI 

Chapter 13 

CLEVELAND HART 

Debtor(s) 

________________________/ 

MOTION FOR RELIEF FROM AUTOMATIC STAY 

COMES NOW Movant, Nationstar Mortgage LLC d/b/a Champion Mortgage Company, 

its successors and/or assigns, by and through its undersigned counsel, moves this Honorable 

Court to lift the automatic stay, pursuant to 11 U.S.C. §362 and Local Rule 4001-1, and would 

state as follows: 

1. A Petition under Chapter 13 of the United State Bankruptcy Code was filed with respect 

to the Debtors on August 20, 2019. 

2. The Chapter 13 Plan was confirmed on November 14, 2019. 

3. Movant holds and/or services the Note and Mortgage. 

4. The covenants in Movant’s Note and Mortgage have been breached in that the borrower 

has defaulted on maintaining homeowners insurance. Force placed insurance was issued by Movant 

on August 30, 2019 in the amount of $3,018.75 and on September 13, 2019 in the amount of 

$1,997.00. 

5. A balance of $166,401.45 is due and owing to Movant on said Note and Mortgage, 

together with interest, late charges, fees and costs. Attached hereto as Exhibit “A” are an Affidavit in 

Support of Motion for Relief and Indebtedness Worksheet attached hereto as Exhibit “B”. 

Case 19-21093-LMI Doc 43 Filed 05/27/20 Page 1 of 5
6. The Debtor(s) has executed and delivered or is otherwise obligated with respect to that 

certain promissory note, dated January 26, 2009, in the original principal amount of $224,250.00 (the 

“Note”). A true and correct copy of the Note is attached to the Motion as Exhibit “C”. 

7. Pursuant to that certain Adjustable Rate Home Equity Conversion Mortgage, dated 

January 26, 2009 (the “Reverse Mortgage”), all obligations (collectively, the “Obligations”) of the 

Debtor(s) under and with respect to the Note and the Mortgage are secured by the Property (as 

defined in the Motion.). A true and correct copy of the Reverse Mortgage is attached to the Motion 

as Exhibit “D”. 

8. Movant is the assignee of the Mortgage. A true and correct copy of the assignment of 

mortgage is attached to the Motion as Exhibit “E”. 

9. Nationstar Mortgage LLC d/b/a Champion Mortgage Company services the loan on the 

Property referenced in this Motion. In the event the automatic stay in this case is modified, this case 

dismisses, and/or the Debtor obtains a discharge and a foreclosure action is commenced on the 

mortgaged property, the foreclosure will be conducted in the name of Movant. Movant, directly or 

through an agent, has possession of the Note 

10. The legal description of the property is: 

LOT 15 BLOCK 1 OF RAINBOW GARDENS ACCORDING TO THE PLAT 

THEREOF, AS RECORDED IN PLAT BOOK 43, PAGE 55 OF THE PUBLIC 

RECORDS OF MIAMI DADE COUNTY FLORIDA. F/A/U 30-2114-001-0150. 

TAX ID NO: 34211400010150. FOLIO NO: 34-2114-001-0150 

COMMONLY KNOWN AS: 1641 NW 155TH ST., MIAMI GARDENS, FL 33054 

WITH A MAILING ADDRESS OF: 1641 NW 155 ST., OPA LOCKA, FL 33054 

11. The total prepetition indebtedness of the Debtor(s), as more fully detailed and reflected on 

the Indebtedness Worksheet, is $156,658.62. 

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12. The post-petition payment address is: Champion Mortgage Company, P.O. Box 619093, 

Dallas, TX 75261. 

13. The estimated value of the property is $142,953.00 according to the Miami Dade Property 

Appraisal attached to the Motion as Exhibit “F”. 

14. In addition to the other amounts due to Movant reflected in this Motion, as of the date 

hereof, in connection with seeking the relief requested in this Motion, Movant has also incurred $850

in legal fees and $181.00 in costs. Movant reserves all rights to seek an award or allowance of such 

fees and expenses in accordance with applicable loan documents and related agreements, the 

Bankruptcy Code and otherwise applicable law 

15. Relief from the stay should be granted for cause as contemplated by Section 362(d) of the 

Bankruptcy Code on account of, without limitation, the following reasons: 

a. The borrower has defaulted on the terms of the Note and Mortgage by failing to 

maintain property hazard and flood insurance. 

b. Movant lacks adequate protection of its interest in the property encumbered by its 

Note and Mortgage because the obligors under the note and mortgage have ceased 

paying their obligation, and such default is causing a steady increase in 

indebtedness owed to Movant under the note and mortgage. Such increase in 

indebtedness is causing Movant's secured position to diminish possibly to the 

extent that it will be under secured by its collateral. 

c. The facts as stated above constitute unreasonable delay by the Debtor(s) that is 

prejudicial to Movant, and constitutes a lack of adequate protection of Movant's 

interest in the property encumbered by the mortgage. 

Case 19-21093-LMI Doc 43 Filed 05/27/20 Page 3 of 5
16. Movant has retained the undersigned attorneys to represent it in this action, and it is 

obligated to pay said attorneys a reasonable fee for their services, which are recoverable as part of the 

debt pursuant to the loan documents. 

WHEREFORE, Movant moves for the following: 

A. An order granting in rem relief from the automatic stay pursuant to 11 

U.S.C. 362 to permit Movant to pursue its rights under the loan documents 

and applicable state law. 

B. That the 14-day stay described by Bankruptcy Rule 4001(a)(3) be waived 

C. Such other and further relief as to the Court may appear just and proper. 

Movant further requests that upon entry of an order granting relief from stay, it be 

exempted from further compliance with Fed. Rule Bankr. P. 3002.1 in the instant 

bankruptcy case. 

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 set forth in Local Rule 2090-1(A). 

 

 /s/ Shirley Palumbo 

Shirley Palumbo 

Florida Bar No. 73520 

Greenspoon Marder LLP 

City Place, 525 Okeechobee Blvd. Suite 900 

West Palm Beach, FL 33401 

Tel: (561)227-2370 

Fax: (954)771-9264 

 Email: shirley.palumbo@gmlaw.com

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CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on this 27th day of May, 2020, I electronically filed the Motion for 

Relief from Stay with the Clerk of Court by using the CM/ECF system, which will send a notice to the 

following CM/ECF participants electronically. 

Trustee 

Nancy K. Neidich 

www.ch13miami.com 

POB 279806 

Miramar, FL 33027 

 

U.S. Trustee 

Office of the US Trustee 

51 S.W. 1st Ave. 

Suite 1204 

Miami, FL 33130 

Debtor Attorney 

Carolina A Lombardi 

Legal Services of Greater Miami, Inc. 

4343 West Flagler Street #100 

Miami, FL 33134 

I HEREBY CERTIFY the foregoing document was served by first class, postage prepaid, U.S. Mail on 

to the persons and/or entities at the addresses noted herein as obtained from a current Mailing matrix 

obtained from the court's CM/ECF system: 

Cleveland Hart 

1641 NW 155 Street 

Opa Locka, FL 33054

 Shirley Palumbo, Esq. 

 Florida Bar No. 73520 

 City Place, 525 Okeechobee Blvd. Suite 900 

 West Palm Beach, FL 33401 

 Tel: (561) 227-2370 

 Fax: (954) 771-9264 

 Email: shirley.palumbo@gmlaw.com 

/s/ Shirley Palumbo 

Case 19-21093-LMI Doc 43 Filed 05/27/20 Page 5 of 5