Joshua Nathaniel Blackmon

CourtUnited States Bankruptcy Court, N.D. Alabama
DecidedOctober 3, 2025
Docket25-02137
StatusUnknown

This text of Joshua Nathaniel Blackmon (Joshua Nathaniel Blackmon) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Joshua Nathaniel Blackmon, (Ala. 2025).

Opinion

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

In Re: ) ) JOSHUA NATHANIEL BLACKMON, ) Case No. 25-02137-TOM-7 ) Debtor. ) ______________________________________________________________________________

MEMORANDUM OPINION AND ORDER This case came before the Court for a hearing on September 23, 2025, on the Amended Motion for Relief from Automatic Stay filed by LoanDepot.com, LLC (Doc. 46, the “Amended Motion”). Appearing before the Court were the Debtor, Joshua Nathaniel Blackmon, acting pro se; Andrew Saag, attorney for LoanDepot.com, LLC; and Dago Hernandez, witness for LoanDepot.com, LLC; and Tiffany Sanders, power of attorney for the Debtor. This Court has jurisdiction pursuant to 28 U.S.C. §§1334(b), 151, and 157(a) and the District Court's General Order Of Reference Dated July 16, 1984, As Amended July 17, 1984.1 This is a core proceeding arising under Title 11 of the United States Code as defined in 28 U.S.C. §157(b)(2)(G).2 This Court has considered the pleadings, the arguments of the Debtor and of counsel, the testimony, the evidence admitted, and the law, and finds and concludes as follows.3

1 The General Order of Reference Dated July 16, 1984, As Amended July 17, 1984 issued by the United States District Court for the Northern District of Alabama provides: The general order of reference entered July 16, 1984 is hereby amended to add that there be hereby referred to the Bankruptcy Judges for this district all cases, and matters and proceedings in cases, under the Bankruptcy Act. 2 28 U.S.C. §157(b)(2)(G) provides as follows: (b)(2) Core proceedings include, but are not limited to– . . . (G) motions to terminate, annul, or modify the automatic stay[.] 3 This Memorandum Opinion and Order constitutes findings of facts and conclusions of law pursuant to Federal Rule of Civil Procedure 52, applicable to contested matters in bankruptcy pursuant to Federal Rule of Bankruptcy Procedure 7052 and Federal Rule of Bankruptcy Procedure 9014. FINDINGS OF FACT4 The Debtor, Joshua Nathaniel Blackmon, filed this Chapter 7 bankruptcy case on July 22, 2025.5 On his Schedule A/B (Doc. 24), Mr. Blackmon indicates he owns a home on 11180 Lexington Drive, Duncanville, Alabama worth $500,000,6 and that his ownership interest in the

property is a life estate. Mr. Blackmon does not list any secured debt on Schedule D, but on Schedule E/F he lists creditor LoanDepot.com, LLC (“LoanDepot”) as an unsecured creditor with a disputed claim of $451,044.00. According to Mr. Blackmon’s schedules, the debt is a priority unsecured claim by way of being a “MORTAGE DEBT.” Doc. 24, at 19. On August 7, 2025, LoanDepot filed a Motion for Relief from Automatic Stay. Doc. 18. According to the attached note and mortgage, Mr. Blackmon borrowed $394,790.00 from LoanDepot on August 5, 2022. The affidavit also attached indicated that as of August 1, 2025, right at three years after the date of the loan, Mr. Blackmon was delinquent in the amount of $70,853.21 including past-due payments from September 1, 2023 through August 1, 2025, late charges, and various fees. His payoff was approximately $454,936.94 as of that date, an amount

that is significantly more than the original amount of the loan. On September 3, 2025, Mr. Blackmon filed a Response to “Motion for Relief from Automatic Stay [sic] (Doc. 33, the “Response”) in which he asserts, in sum, that he does not owe the debt. LoanDepot filed a Notice of Withdrawal of Motion for Relief from Stay (Doc. 43) on September 16, 2025, that was ineffective7 since the Debtor had already filed his Response.

4 Without objection, this Court has taken judicial notice of all documents in its files and facts presented in prior hearings. Pursuant to Rule 201 of the Federal Rules of Evidence, the Court may take judicial notice of the contents of its own files. See ITT Rayonier, Inc. v. US., 651 F.2d 343 (5th Cir. Unit B July 1981); Florida v. Charley Toppino & Sons, Inc., 514 F.2d 700, 704 (5th Cir. 1975). 5 The Chapter 7 Trustee’s Report of No Distribution was filed on October 2, 2025. 6 On Schedule C, under the column “current value of the portion you own,” the Debtor gives the value of $509,000.00. 7 See Doc. 44 and Rules 9014 and 7041 of the Federal Rules of Bankruptcy Procedure. LoanDepot followed this with an Amended Motion for Relief from Automatic Stay (Doc. 46, the “Amended Motion”) disclosing that LoanDepot had actually conducted a foreclosure sale on November 1, 2024; a copy of the recorded foreclosure deed was attached to the Amended Motion.8 On September 19, 2025, the Debtor filed his own Request for Dismissal of Motion for Relief from

Automatic Stay with Prejudice. Doc. 49. In his opening arguments at the hearing, Mr. Saag, counsel for LoanDepot, informed the Court that an ejectment action had been filed on June 17, 2025, in state court in Tuscaloosa County. Mr. Saag proceeded to question his witness, Dago Hernandez, Bankruptcy Supervisor at LoanDepot. Mr. Hernandez testified that the property occupied by Mr. Blackmon had been foreclosed on November 1, 2024; furthermore, LoanDepot continued to own the property and would like to proceed with its ejectment action. According to Mr. Hernandez, the property had not been redeemed, and no attempt to redeem the property been made. A copy of the foreclosure deed, reflecting that LoanDepot was the highest and best bidder in the amount of $427,284.50, was introduced into evidence as Exhibit 1.

On cross examination, Mr. Blackmon showed Mr. Hernandez two documents. The first, introduced into evidence as Exhibit A, is a document Mr. Blackmon purported to be evidence that he, Mr. Blackmon, redeemed the property. The document consists of six pages. The first page of the document contains this statement:

8 The copy of the foreclosure deed attached to the Amended Motion was labeled “Exhibit A” but the copy introduced into evidence was marked as “Exhibit 1.” DATE: 12-13-2024 I, Joshua Nathaniel Blackmon, the living man is recording this document to redeem my property within the 180 days that the State of Alabama allow, as the redemption period.

This statement cannot be written on the certified document because that will alter the document.

Without Prejudice, Without Recourse UCC 1-308 Joshua-Nathaniel: Blackmon9 Joshua-Nathaniel: Blackmon, Beneficiary

Ex.

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