Order Granting Motion To Value And Determining Secured Status Of Lien On Real Property (Sample And Form) {LF-92}

Page 1 of 4 LF-92 (rev. 11/01/17) UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA www.flsb.uscourts.gov IN RE: CASE NO. Chapter 13 Debtor. / ORDER GRANTING MOTION TO VALUE AND DETERMINE SECURED STATUS OF LIEN ON REAL PROPERTY HELD BY THIS CASE came to be heard on on the Debtor222s Motion to Value and Determine Secured Status of Lien on Real Property (DE ; the 223Motion224). Based upon the debtor222s 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 debtor222s real property (the 223Real Property224) located at (address), and more particularly described as (Legal description) American LegalNet, Inc. www.FormsWorkFlow.com Page 2 of 4 LF-92 (rev. 11/01/17) is $ 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 (creditor222s name) (the 223Lender224) is $ . C. The equity remaining in the Real Property after payment of all claims secured by liens senior to the lien of Lender is $ and Lender has a secured interest in the Real Property in such amount. Consequently, it is ORDERED as follows: 1. The motion is GRANTED. 2. Lender has an allowed secured claim in the amount of $ . 3. [IF LIEN IS STRIPPED OFF] Because Lender222s secured interest in the Real Property is $0, Lender222s mortgage recorded on (date) at OR BOOK Page of the official records of County, Florida shall be deemed void and shall be extinguished automatically, without further order of the Court, upon entry of the debtor222s 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, Lender222s mortgage will no longer be considered void and shall be restored as a lien on the Real Property. [IF LIEN IS STRIPPED DOWN] Because Lender222s secured interest in the Real Property is $ , upon entry of the debtor222s discharge in this chapter 13 case Lender222s mortgage recorded on (date) at OR BOOK Page of the official records of County, Florida shall be deemed to secure this reduced amount, less any payments made during the course of this chapter 13 case, without further order of this Court. If American LegalNet, Inc. www.FormsWorkFlow.com Page 3 of 4 LF-92 (rev. 11/01/17) this case is converted to a case under any other chapter or if the chapter 13 case is dismissed, Lender222s mortgage shall be restored as a lien on the Real Property in its full original amount, less any payments made. 4. (Select only one): 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 in the amount stated in paragraph 2, above, and as a general unsecured claim for any amount in excess of such secured claim, 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 in the amount provided in paragraph 2, above, and as a general unsecured claim in the amount of $ , regardless of the original classification in the proof of claim as filed. 5. The Real Property may not be sold or refinanced 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. ### American LegalNet, Inc. www.FormsWorkFlow.com Page 4 of 4 LF-92 (rev. 11/01/17) Submitted By: Address: Phone: Attorney 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. American LegalNet, Inc. www.FormsWorkFlow.com