Opinion
Case No. 05-59442.
September 6, 2005
REIMER, LORBER ARNOVITZ CO., L.P.A., Michael S. Arnovitz, Edward A. Bailey, Twinsburg, Ohio, Attorneys for Movant.
Stephen E. Schafer, Columbus, OH, Attorney for Debtor.
AGREED ORDER FOR RELIEF FROM STAY AND WITHDRAWAL OF DEBTOR'S OBJECTION
This matter came to be considered on the Motion for Relief from Stay ("the Motion") filed by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for NEW FREEDOM MORTGAGE CORPORATION, its successors and assigns, and WELLS FARGO BANK, N.A., its servicing agent ("WELLS") and the Debtor's Objection thereto.
WELLS has alleged that good cause exists for granting the Motion and that Debtor, counsel for the Debtor, the Trustee, and all other necessary parties were served with the Motion and with notice of the hearing date of the Motion. The Debtor filed an Objection to the Motion, but now agrees to the relief set forth herein.
Based on this, it appears appropriate to grant the relief requested.
IT IS, THEREFORE, ORDERED:
1. The Motion is granted and the automatic stay imposed by Section 362 of the Bankruptcy Code is terminated with respect to Movant, its successors and assigns.
2. The Objection of the Debtor is hereby withdrawn.
3. Relief from stay is granted without prejudice to the Debtor's rights to reinstate and/or reaffirm their mortgage obligation.
IT IS SO ORDERED.