Opinion
Case No. 11-33253-TJC
12-18-2012
In re: Anthony R Whitehead Deutsche Bank National Trust Company, as Trustee of the Residential Asset-Securitization Trust 2006-A14CB, Mortgage Pass-Through Certificates, Series 2006-N under the Pooling and Servicing Agreement dated October 1, 2006, Movant (OneWest Bank, FSB, Servicer) v. Anthony R Whitehead, Debtor Shakiva Robinson, Non-Filing Co-Debtor Respondents
Michael T. Cantrell, Esq. Attorney for Movant Tommy Andrews, Jr., Esq. Attorney for Debtor
SO ORDERED
______________________
THOMAS J. CATLIOTA
U. S. BANKRUPTCY JUDGE
Chapter 13
AGREED ORDER AND STIPULATION MODIFYING AUTOMATIC STAY
The Movant, Deutsche Bank National Trust Company, as Trustee of the Residential Asset-Securitization Trust 2006-A14CB, Mortgage Pass-Through Certificates, Series 2006-N under the Pooling and Servicing Agreement dated October 1, 2006 (OneWest Bank, FSB, Servicer), by its attorney, Michael T. Cantrell, Esq., and the Debtor, Anthony R Whitehead by their attorney, Tommy Andrews, Jr., Esq., do hereby consent to the following:
1. The Automatic Stay of 11 U.S.C. §362 and11 U.S.C. §1301 (if applicable) are hereby terminated. Movant agrees to forbear provided Debtors comply with the terms of this Order.
2. The Debtor shall cure the post-petition arrears due of approximately $5,880.55; this figure is LESS a suspense balance of$1,480.97, and includespost-petition payments in the amount of $1,633.88 for the months of September 2012 through December 2012 per month and includes current bankruptcy fees and costs in the amount of$826.00. The Debtor will tender the sum of$1,245.94 by December31, 2012 as a contribution towards said arrears. The Debtor will make "additional" monthly payments of $727.44 commencing in January 2013 and continuing each month thereafter for a total of six (6) months until the arrears are paid in full. The "additional" payments must be received by the 20th day of the month. Note: Should the Debtor provide sufficient proof of payments made but not yet credited by Movant, the above arrears will be adjusted accordingly.
3. Commencing, in January 2013 the Debtor shall resume making the regular monthly payments of$1,633.88, or as adjusted for interest rate or escrow changes and shall continue to be bound by all other provisions in the Note and Deed of Trust. The regular payments are due on the first day of the month with a late charge assessed after the fifteenth day of the month.
4. All payments tendered in accordance with this Order should be sent directly to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF THE RESIDENTIAL ASSET-SECURITIZATION TRUST 2006-A14CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-N UNDER THE POOLING AND SERVICING AGREEMENT DATED OCTOBER 1, 2006, MOVANT (ONEWEST BANK, FSB, SERVICER), MOVANT.
OneWest Bank, FSBShould the Debtor default under Paragraph 2or3 herein, or should any payment be returned for insufficient funds, the Movant may file with the court and mail to the Debtor and their attorney a Notice of Default and Notice of Termination of Automatic Stay. Should the Debtor then fail to cure the default including any amounts which have become due between the execution of the Notice and the expiration of the cure period, within ten (10) days from the date of the filing of the Notice, and/or should the Debtor fail to file an opposition to the Default Notice pursuant to Bankruptcy Rule 4001(a)(3), the forbearance shall terminate without further court action and without further court order. Should the Debtor file an Objection, Response or Motion to Strike the Notice of Default, the Debtor shall bear the burden of proof as to the inaccuracy of the Notice. Any payment(s) tendered to cure a default arising under the provisions of this consent agreement must be in the form of certified or cashier's check or money orders. Acceptance of a partial payment shall not be deemed to be a waiver of the termination of the forbearance as provided herein. If the Debtor fail to cure the default noted, the Noteholder may proceed to enforce its rights, including but not limited to foreclosure, under the provisions of the Deed of Trust recorded among the land records of Prince George's County, Maryland, at Liber 26862 and folio 633 and which is secured by the property of the Debtor located at 13927 Bishops Bequest Road, Upper Marlboro, Maryland 20772. The additional stay provided by Bankruptcy Rule 4001(a)(3) is hereby waived. And, an event of default shall excuse the Movant, its successors and assigns, from filing notices of payment change under Bankruptcy Rule 3002.1.
6900 Beatrice Drive
Attn: Cashiering Department
Kalamazoo, MI 49009
5. Should there be more than two (2) defaults in payment as provided in this agreement, there shall be no ten day "cure period"; the Movant shall file the Notice of Default with the court and mail copies to the Debtor and their attorney and the forbearance shall be terminated at the filing thereof without any further Court Order. Movant may proceed with collection and/or foreclosure actions immediately.
6. This agreement shall be and become null and void on the termination of this bankruptcy proceeding. Should the Debtor convert to a Chapter 7 proceeding, the forbearance shall be immediately terminated and the repayment provisions herein shall be and become null and void. This agreement shall apply to proceedings for possession of the real property after the foreclosure sale and shall apply to successors and/or assigns of Movant.
7. The Movant and/or its successors and assigns may, at its option, offer, provide and enter into a potential forbearance agreement and/or loan modification or other loan workout/loss mitigation agreement which does not otherwise require court approval. The Movant may contact the Debtor via telephone or written correspondence to offer such an agreement. SEEN AND APPROVED: ______________________
Michael T. Cantrell, Esq.
Attorney for Movant
______________________
Tommy Andrews, Jr., Esq.
Attorney for 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 /s/___________ on the copy of the consent order submitted to the Court reference the signatures of consenting parties obtained on the original consent order.
Michael T. Cantrell, Esq.
Copies to: Anthony R Whitehead
13927 Bishops Bequest Road
Upper Marlboro, Maryland 20772
Shakiva Robinson
13927 Bishops Bequest Road
Upper Marlboro, Maryland 20772
Copies were sent electronically via the CM/ECF system to Tommy Andrews, Jr., Esq., Attorney for Debtor, Michael T. Cantrell, Esq., and Nancy Spencer Grigsby, Esq., Trustee.