Alison R. Sessoms

1 Specifically, the deed of trust grants a lien on the real property known as 323 Virginia
Avenue, Wilmington, North Carolina 28401.
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NORTH CAROLINA
WILMINGTON DIVISION
IN RE:
ALLISON R. SESSOMS,
DEBTOR.
CASE NO. 09-10139-8-JRL
CHAPTER 13
ORDER
This matter came before the court on Ocwen Loan Servicing LLC’s motion for relief
from the automatic stay. 	A hearing took place in Wilmington, North Carolina on December 14,
2011.
The debtor filed for relief under chapter 13 of the Bankruptcy Code on November 20,
2009. Ocwen Loan Servicing LLC (“Ocwen”) is the holder of a note and deed of trust signed by
the debtor. The deed of trust pledged the debtor’s residence1 as security for the obligation under
the note. Under the terms of the debtor’s petitions and schedules, she was to make monthly
payments to Ocwen directly, rather than through her chapter 13 plan.
On September 26, 2011, Ocwen filed a motion for relief from the automatic stay, stating
SO ORDERED.
SIGNED this 04 day of January, 2012.
________________________________________
J. Rich Leonard
United States Bankruptcy Judge
____________________________________________________________
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that the debtor “has defaulted under the payment provisions of the [note and deed of trust].”
More specifically, Ocwen claimed that the debtor was “still due for a sum not less than
$3,647.38.” On October 13, 2011, the debtor filed a response to Ocwen’s motion, denying that
she was delinquent, “as her mortgage payment is being paid by automatic bank draft.”
Furthermore, the debtor asserted that she had entered into a loan modification with Ocwen.
At the hearing, the debtor testified that she had entered into a loan modification
agreement with Ocwen, and from the time of that modification, all payments had been made via
automatic bank draft from the debtor’s mother’s bank account. In support of her testimony, the
debtor provided a copy of the loan modification agreement and her mother’s bank statement
(“bank statement”). The loan modification agreement called for the debtor to make an initial
payment of $688.37 by February 1, 2011, and subsequent monthly payments of $577.69. The
debtor testified that she made the initial payment, and the bank statement indicated that the
subsequent monthly payments of $577.69 had been automatically processed and paid to Ocwen.
Ocwen provided absolutely no evidence to support its position that the debtor was in default.
Based on the foregoing, Ocwen’s motion for relief from the automatic stay is DENIED.
Furthermore, because of the complete lack of evidentiary support, Ocwen is ordered to show
cause why it should not be sanctioned for filing a baseless motion for relief from the automatic
stay, pursuant to Federal Rule of Bankruptcy Procedure 9011(c)(1)(B). The hearing on the order
to show cause is set for January 18, 2012 at 10:30 a.m., in Wilmington, North Carolina.
“END OF DOCUMENT”
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