Opinion
Case No.: 07-21305-PM.
July 3, 2008
Judy Nicks, Esquire, Attorney for Debtor.
Richard J. Rogers, Esquire, Cohn, Goldberg Deutsch, LLC, Towson, MD, Attorney for Movant.
CONSENT ORDER AND STIPULATION MODIFYING AUTOMATIC STAY
Upon consideration of the foregoing Motion Seeking Relief from Automatic Stay, the parties having reached an agreement, and good cause having been shown, by the United States Bankruptcy Court for the District of Maryland.
ORDERED that the Automatic Stay be, and it is, hereby terminated, pursuant to 11 U.S.C. 362(d), to permit Movant, its assigns and/or successors, to commence foreclosure proceedings in the Circuit Court for Calvert County, Maryland against the real property and improvement known as 3950 Robinson Road, Huntingtown, MD 20639 and that the successful purchasers shall take possession of the same; and be it further
ORDERED that the relief granted in the immediately proceeding paragraph be, and the same is hereby stayed, provided that the Debtor(s):
1. Resume(s) making regular monthly payments on July 1, 2008, of $4,025.57 or as adjusted for escrow changes and continue thereafter, as well as all other conditions and obligations under the terms of the Deed of Trust or Mortgage, and
2. The Chapter 13 Plan and Proof of Claim will be amended to include the post-petition arrearages including all fees within 30 days from the entry of this Order. The total post-petition arrearage due from January, 2008 to June, 2008 is $26,249.88 which includes $750.00 bankruptcy legal fees, $150.00 filing fee and $1,196.46 in late charges.
Payments should be mailed to:
American Home Mortgage Servicing, Inc.
4600 Regent Blvd.
Irving, TX 75063
Attn: Bankruptcy Department
Should the Debtor(s) fail to make any payment when due or should any payment be returned for insufficient funds, Movant shall file a Notice of Default with the Court. Said Notice shall provide copies to the Debtor(s) and Debtor(s)' attorney and allow the Debtor(s) ten (10) days from the date the Affidavit of Default is mailed to cure two (2) default(s) under this agreement. Any cure of an Affidavit of Default must be made in the form of a certified or cashier's check, or Western Union Quick Collect. No right shall be given to cure any ensuing default. In the event of a subsequent default and upon notice to Debtor(s), Debtor(s)' counsel and the Court the stay shall automatically terminate.
The ten (10) day stay of Bankruptcy Rule 4001(a)(3) is waived.
The parties agree that if the Debtor(s) converts this case to a Chapter 7, the Movant may immediately exercise all rights provided by the security instruments referenced in this Order and applicable state law.