Opinion
Case No: 08-12447
2012-12-14
In re: EVANS CARTER, Debtor. COUNCIL FOR WESTPHALIA WOODS, Movant v. EVANS CARTER, Debtor/Respondent.
John E. Tsikerdanos Lerch, Early & Brewer, Chtd. Counsel for Couribil ofi Westphalia Woods
SO ORDERED
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U. S. BANKRUPTCY JUDGE
(Chapter 13)
CONSENT ORDER AND STIPULATION MODIFYING THE AUTOMATIC STAY
Upon consideration of die foregoing Motion for Relief from the Automatic Stay filed by Council for Westphalia Woods (the "Association"), as to certain real property located 3309 Chester Grove Road, Unit B, Upper Marlboro Maryland 20774 ("Property"); and
It appearing that the parties consent to the entry of this Order, and it is hereby
ORDERED, that the automatic stay of 11 U.S.C. §362(a) is hereby terminated so as to permit the Movant to commence foreclosure proceedings in accordance with applicable state law and pursuant to the terms of the lien securing the Movant as to the Property; and it is
FURTHER ORDERED, that the Movant shall forbear from exercising any rights to foreclosure under applicable law as to the Property provided that, and so long as, the Debtor performs their monthly assessment fee obligation and complies with the following terms and conditions of this Order:
a) The Debtor shall cure the post-petition assessments of $11,942.78, which includes late fees and attorney's fees. Beginning on December 15, 2012, the Debtor will make a payment of $2,000. Then from January 15, 2013 through November 15,2013, the Debtor will make a monthly payment of $903,89. Payments should be mailed to:
John E. Tsikerdanosb) The Debtor shall resume making their regular monthly assessment fee of $200.00 beginning on December 1, 2012 and continue to make regular monthly assessment payments on the first of every month.
Lerch, Early & Brewer, Chtd.
3 Bethesda Metro Center, Suite 460
Bemesda, MD 20814
c) If the Debtor fail to make any of the cure payments, as described in paragraph a) of this Order, the Movant, by its counsel, shall mail by 1st Class Mail, notice of the default to counsel of the Debtor. The Debtor shall have ten (10) days from the date of transmission of the notice, in order to cure the default, by receipt of payment by the Movant's attorney within the ten (10) day period.
FURTHER ORDERED AND AGREED, that the Debtors rights to cure shall be limited to one (1) such opportunity and that upon the filing of a second default under the terms of the order, there shall be no further opportunity to cure and the Movant may proceed to foreclose its security interest in the Property.
FUTHER ORDERED AND AGREED, that should the instant case be converted for any reason to a case under any other chapter of the bankruptcy code, or dismissed or discharged, the Movant may immediately be free to exercise all rights provided by the security instrument as the forbearance provisions of this Order shall terminate upon conversion, dismissal or discharge, I ask for this: ______________
John E. Tsikerdanos
Lerch, Early & Brewer, Chtd.
Counsel for Couribil ofi Westphalia Woods
Seen; Agreed: ______________
Beanie Brooks, Esq
Counsel for the Debtor
I HEREBY CERTIFY that the terms of the copy of the consent order submitted to the Court are identical to those set forth in the original consent order, and the signatures represented by the __ on the copy of the consent order submitted to the Court reference the signatures of consenting parties obtained on the original consent order.
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John E. Tsikerdanos
Lerch, Early & Brewer, Chtd.
3 Bethesda Metro Center, Suite 460
Bethesda, MD 20814-5367
Counsel for Council of Westphalia Woods
COPIES TO: John E. Tsikerdanos
Lerch, Early and Brewer, Chartered
3 Bethesda Metro Center, Suite 460
Bethesda, MD 20814
Evans Carter
3309 Chester Grove Road, Unit B
Upper Marlboro, MD 20774
Bennie Brooks, Esq
8201 Corporate Drive
Suite 260
Landover MD 20785