UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

FORT LAUDERDALE DIVISION 

In re: CASE NO. 22-12555-PDR 

 CHAPTER 13 

LORRAINE SMITH, 

 

 Debtor. 

 / 

MOTION FOR RELIEF FROM AUTOMATIC STAY (REAL PROPERTY) 

 DACA Management, LLC (“Movant”) hereby moves this Court, pursuant to 11 U.S.C. § 

362, for relief from the automatic stay with respect to certain real property of the Debtor(s) 

further described as 532 NW 8th Ave, Fort Lauderdale, Florida (the “Property”). "). The facts 

and circumstances supporting this Motion are set forth in the (i) Affidavit in Support of Motion 

for Relief from Automatic Stay attached hereto as Exhibit C (the "Affidavit") and (ii) 

Indebtedness Worksheet attached hereto as Exhibit D (the "Indebtedness Worksheet"). In further 

support of this Motion, Movant respectfully states: 

1. A petition under Chapter 13 of the United States Bankruptcy Code was filed with 

respect to the Debtor(s) on March 30, 2022. 

2. The debt associated with this property that is the subject of this Motion has not 

been included in the Debtor’s Plan. 

3. The Debtor has executed and delivered or is otherwise obligated with respect to 

that certain Promissory Note, dated December 28, 2007 in the original principal amount of 

$65,000.00 (the “Note”). Movant is the party entitled to enforce the Note, as evidenced by the 

Affidavit of Lost Page of Original Note attached hereto as Exhibit A. 

4. Pursuant to that certain Mortgage, dated December 28, 2007 (the “Mortgage”) 

executed by the Debtor, and recorded in Official Records of Broward County at Book 44999, at 

Page 1814, all obligations (collectively, the “Obligations”) of the Debtor under and with respect 

Case 22-12555-PDR Doc 91 Filed 12/01/22 Page 1 of 14
to the Note and the Mortgage are secured by the Property. See Exhibit B attached hereto. 

5. The legal description of the Property is 

LOTS 43 and 44 BLOCK 15, NORTH LAUDERDALE ACCORDING TO THE 

PLAT THEREOF AS RECORDED IN PLAT BOOK 1 PAGE 48 OF THE 

PUBLIC RECORDS OF DADE COUNTY, FLORIDA. SAID LANDS NOY 

LYING AND SITUATE IN BROWARD COUNTY, FLORIDA 

6. The post-petition payment address is: DACA MANAGEMENT LLC, 910 NE 20th

Avenue, Fort Lauderdale, FL 33304. 

7. As November 7, 2022, the Debtor has defaulted under the terms of the Note and 

Mortgage by failing to make the payment due on April 15, 2014, and all subsequent payments. 

See attached Exhibit C. 

8. The total prepetition indebtedness of the Debtor, as more fully detailed and 

reflected on the Indebtedness Worksheet, is $332,759.56 and the post-petition amount of 

$5,891.84. See attached Exhibit D. 

9. The estimated market value of the Property is $210,630.00. The basis for such 

valuation is Broward County Property Appraiser's valuation attached hereto as Exhibit E. 

10. 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 $1,050.00 in legal fees and $188.00 in costs. 

11. Cause exists for relief from the automatic stay for the following reasons: 

(a) Movant’s interest in the Property is not adequately protected. 

(b) The Debtor’s Chapter 13 Plan does not provide for any payments to Movant. 

 WHEREFORE, Movant prays that this Court issue an Order terminating or modifying the 

stay and granting the following: 

1. Relief from the stay allowing Movant (and any successors or assigns) to proceed 

under applicable non-bankruptcy law to enforce its remedies to foreclose upon and obtain 

Case 22-12555-PDR Doc 91 Filed 12/01/22 Page 2 of 14
possession of the Property. 

2. That the Order be binding and effective despite any conversion of this bankruptcy

case to a case under any other chapter of Title 11 of the United States Code. 

3. That the 14-day stay of the stay relief order pursuant to FRBP 4001 be waived.

4. That Movant’s fees and costs incurred in the filing of this motion be awarded by

the court to be recovered in the Circuit Court case. 

5. For such other relief as the Court deems proper.

Respectfully submitted, 

HOWARD LAW GROUP 

 /s/ Matthew Klein 

MATTHEW KLEIN 

FLORIDA BAR#: 73529 

4755 Technology Way, Ste. 104 

Boca Raton, FL 33431 

Telephone: 954-893-7874 

Fax: 888-235-0017 

Email: matthew@howardlaw.com

I HEREBY CERTIFY that on 'HFHPEHU , 2022, I electronically filed the foregoing 

with the Clerk of Court by using the CM/ECF System, which will send a notice of electronic 

filing to all CM/ECF participants: 

Robert J. Bigge Jr., Esq., 915 Middle River Drive #401, Fort Lauderdale, FL 33304 

Robin R Weiner, POB 559007, Fort Lauderdale, FL 33355 

Office of the US Trustee, 51 S.W. 1st Ave., Suite 1204, Miami, FL 33130 

And a copy was sent via US Mail to: 

Lorraine Smith, POB 451396, Sunrise, FL 33345-1396 

/s/ Matthew Klein 

Matthew Klein 

Florida Bar No.: 73529 

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CG-10 (rev. 08/01/11) 

INDEBTEDNESS WORKSHEET

DEBT AS OF THE PETITION DATE

A. Total pre-petition indebtedness of debtor(s) to movant (if movant is not the lender, this

refers to the indebtedness owed to the lender) as of petition filing date:

$332,759.56

1. Amount of principal: $57,134.06

2. Amount of interest: $69,216.00

3. Amount of escrow (taxes and insurance): $0.00

4. Amount of forced placed insurance expended by movant: $ 0.00

5. Amount of attorneys’ fees and costs billed to debtor(s) pre-petition: $0.00

6. Amount of pre-petition late fees, if any, billed to debtor(s): $3,460.00

7. Any additional pre-petition fees, charges or amounts charged to debtors/debtors account

and not listed above: Corporate Advances $332,759.56 as listed below:

Court fees $ 906.00 

Legal Fees #1 $ 5,247.50 

Misc. Court Fees $ 672.00 

Repairs #1 $ 13,957.00 

Maintenance /Repairs #2 $ 110,652.00 

Legal Fees #2 $ 30,393.00 

Property taxes $ 29,700.00 

Management Fees $ 7,766.00 

Utilities $ 3,656.00 

B. Contractual interest rate: 11% 

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Case 22-12555-PDR Doc 91 Filed 12/01/22 Page 12 of 14
CG-10 (rev. 08/01/11) 

AMOUNT OF ALLEGED POST-PETITION DEFAULT 

(AS OF NOVEMBER 7, 2022)

C. Date last payment was received: 03/2014

D. Alleged total number of payments due post-petition from filing of petition through

payment due on 11/1/2022 : 6 .

E. All postpetition payments alleged to be in default:

Alleged 

Amount 

Due Date

Alleged

Amount

Due

Amount

Received

Amount 

Applied

To 

Principal

Amount 

Applied To 

Interest

Amount 

Applied To 

Escrow

Late fee

Charged

(If any)

06/01/2022 775.64 

07/01/2022 775.64 

08/01/2022 775.64 

09/01/2022 775.64 

10/01/2022 775.64 

11/01/2022 775.64 

Totals: $4,653.84 $0.00 $0.00 $0.00 $0.00 $0.00

F. Amount of movant’s attorney’s fees billed to debtor for the preparation, and

filing and prosecution of this motion: $ 1,050.00

G. Amount of movant’s filing fee for this motion: $ 188.00

H. Other attorneys’ fees billed to debtor post-petition: $ 0.00

I. Amount of movant’s post-petition inspection fees: $ 0.00

J. Amount of movant’s post-petition appraisal broker’s price opinion:

$ 0.00

K. Amount of forced placed insurance or insurance provided by the movant

post-petition: $0.00

L. Less post-petition suspense credit, if applicable: (0.00)

M. Amount of other post-petition advances or charges, for example taxes, insurance

incurred by debtor etc. (itemize each charge): $ 0.00

Case 22-12555-PDR Doc 91 Filed 12/01/22 Page 13 of 14
10/5/22, 2:44 PM 532-534 NW 8 AVENUE

https://bcpa.net/RecInfo.asp?URL_Folio=504203011840 1/1

Site Address 532-534 NW 8 AVENUE, FORT LAUDERDALE FL 33311

Property Owner DACA MANAGEMENT LLC 

Mailing Address 1830 W BROWARD BLVD FORT LAUDERDALE FL 33312-

1550

ID # 5042 03 01 1840

Millage 0312

Use 08-02

Abbr Legal

Description

NORTH LAUDERDALE 1-48 D LOT 43 & 44,TOGETHER WITH W 1/2 OF VAC'D ALLEY

LYING E & ADJ TO SAID LOTS 43 & 44 AS PER OR 15316/195,BLK 15

The just values displayed below were set in compliance with Sec. 193.011, Fla. Stat., and include a

reduction for costs of sale and other adjustments required by Sec. 193.011(8).

* 2023 values are considered "working values" and are subject to change.

Property Assessment Values

Year Land Building /

Improvement

Just / Market

Value

Assessed /

SOH Value Tax

2023 $20,250 $190,380 $210,630 $190,600

2022 $20,250 $190,380 $210,630 $173,280

2021 $19,130 $183,950 $203,080 $156,510 $4,324.61

2023 Exemptions and Taxable Values by Taxing Authority

County School Board Municipal Independent

Just Value $210,630 $210,630 $210,630 $210,630

Portability 0 00 0

Assessed/SOH $190,600 $210,630 $190,600 $190,600

Homestead 0 00 0

Add. Homestead 0 00 0

Wid/Vet/Dis 0 00 0

Senior 0 00 0

Exempt Type 0 00 0

Taxable $190,600 $210,630 $190,600 $190,600

Sales History

Date Type Price Book/Page or CIN

6/20/2017 CET-D $120,100 114491241

3/20/1995 WD $20,900 23257 / 738

Land Calculations

Price Factor Type

$3.00 6,750 SF

Adj. Bldg. S.F. (Card, Sketch) 2430

Units 2

Eff./Act. Year Built: 1968/1958

Special Assessments

Fire Garb Light Drain Impr Safe Storm Clean Misc

03 F1

R

2 2

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