Blanton v. Graham (In Re Graham)

ORDER

J. BRATTON DAVIS, Bankruptcy Judge.

This matter comes before the court on the plaintiff’s complaint for relief from the stay pursuant to 11 U.S.C. 1 § 362(d)(1) and (2).

FACTS

On March 18, 1983, the debtors executed a note to Aiken Loan and Security Co., the note was secured by a mortgage on the debtors’ residence (real property). The note and mortgage were assigned to the plaintiff.

Following a default on the note by the debtors, the plaintiff commenced a foreclosure proceeding in state court.

On April 7, 1983, a decree of foreclosure was executed and recorded in the state court action.

On…