Opinion
Case No.: 07-14255-TJC.
March 20, 2008
Lawrence Anderson, Esquire, Pels, Anderson, LLC., Bethesda, MD, Attorney for Debtor.
Co-Respondent.
Richard J. Rogers, Esquire, Cohn, Goldberg Deutsch, LLC, Towson, MD, Attorney for Movant.
CONSENT ORDER AND STIPULATION MODIFYING AUTOMATIC STAY
TO THE HONORABLE, THE JUDGE OF SAID COURT:
Upon consideration of the foregoing Motion Seeking Relief from Automatic Stay, By default as to Indru Jashnani, the Co-Respondent, and by the consent of the Movant and Debtor, 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 Prince George's County, Maryland against the real property and improvement known as 6815 Mayfair Road, Laurel, MD 20707 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 February 1, 2008, of $2,245.11 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. Make(s) a payment of $3,000.00 by February 15, 2008. Make(s) a payment of $1,004.75 for twelve (12) months beginning March 15, 2008 and continue through February 15, 2009. The total post-petition arrearage due from August, 2007 to January, 2008 is $15,056.96 which includes $625.00 bankruptcy legal fees, $250.00 proof of claim legal fees, $150.00 filing fee and $561.30 late charges.
Payments should be mailed to:
Popular Mortgage Servicing Inc.
121 Woodcrest Road
Cherry Hill, NJ 08003
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 one (1) 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 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; and be it further
ORDERED that the Automatic Stay be, and it is, hereby terminated, pursuant to 11 U.S.C. 362(d), to permit the Debtor(s), Co-Respondent, and Movant to consummate the settlement agreement resolving a civil action styled Tatem v. Jashnani, Civil Case No. 06-27986 now pending in the Circuit Court of Prince George's County, Maryland, to prepare, execute, and record any deed, confirmatory deeds, deeds of trust or any other document regarding the real property and improvement known as 6815 Mayfair Road, Laurel, MD 20707 to accomplish the purposes of the Debtor's and Co-Respondent's settlement agreement.
SO ORDERED