Opinion
Case No. 07-11077-WIL, MFR No. 127.
August 14, 2008
Gene Jung, Esq., MD Fed. Bar No. 14950, Kensington, Maryland, Counsel for Movant.
Cynthia Artis, Riverdale, Maryland, Debtor.
JOINT STIPULATION AND CONSENT ORDER EXTENDING TIME TO CURE FIRST NOTICE OF DEFAULT (JUNIOR LIEN)
Wells Fargo Bank, N.A. c/o Wilshire Credit Corp. (hereinafter "Movant") and Cynthia Artis (hereinafter "Debtor") have reached a joint stipulation and consent agreement with regard to the First Notice of Default (Doc. No. 140), and respectfully represent as follows:
On or about March 11, 2008, the parties entered into an agreement evidenced by a Consent Order Modifying the Automatic Stay providing for the cure of post-petition mortgage arrearage payments due with regard to the property located at 5809 64th Avenue, Riverdale, Maryland 20737 (hereinafter the "Property").
Debtor defaulted on several payments, and consequently Movant filed the First Notice of Default and Notice of Termination of Automatic Stay on June 18, 2008.
COMES NOW, the Debtor and Movant having reached an agreement whereby Debtor has been provided an extension of time to cure the First Notice of Default, and the parties stipulate and consent to the following:
1. That the arrearage figure of $2,375.45, indicated in the First Notice of Default is true and accurate, and that there is no dispute; and,
2. That since the time of filing of the First Notice of Default, that additional payments have become due, specifically the July 1, 2008 regular payment of $523.35 and its attending late fee of $26.17, and the July 15, 2008 stipulation payment of $452.04; and
3. That whereas the terms of the Consent Order Modifying Automatic Stay requires that any delinquency be cured within ten (10) days of the date of the First Notice of Default dated June 18, 2008, the Movant agrees to extending the deadline for cure of the First Notice of Default to August 15, 2008 and Debtor shall remit payment in the amount of $3,377.01 on or before that date; and,
4. That the present agreement does not in any way modify the full force and effect of the original Consent Order Modifying Automatic Stay previously entered into between the parties, and that the parties intend to conduct themselves henceforth pursuant to the terms contained therein.
SO ORDERED
CERTIFICATION OF CONSENT
I HEREBY CERTIFY that the terms of the copy of this Joint Stipulation and Consent Agreement submitted to the Court are identical to those set forth in the original; and the signatures represented by the /s/ ________ on this copy reference the signatures of consenting parties on the original document.