Opinion
Case No. 10-28420-JFS.
January 4, 2011
Deborah K. Curran, Attorney for Movant.
Marc A. Ominsky, Esq., Attorney for Debtor.
CONSENT ORDER AND STIPULATION MODIFYING AUTOMATIC STAY
The Movant, Deutsche Bank National Trust Company as Trustee for GSR Mortgage Loan Trust 2006-OA1, Movant (OneWest Bank, FSB, Loan Servicer), by its attorney, Deborah K. Curran, Esq., and the Debtor, Kevin Lucius Cofield by his/her attorney, Marc A. Ominsky, Esq., do hereby consent to the following:
1. The Movant shall file an Amended Proof of Claim to add the outstanding post-petition arrearage in the amount of $4,947.41 to the Proof of Claim to be paid through the Chapter 13 Plan. The total post-petition arrears includes payments in the amount of $1,499.60 and late charges in the amount of $62.77 for the months of September 2010 thru December 2010 as well as bankruptcy legal fees and costs of $800.00, LESS a suspense balance of $2,102.07.
2. Additionally, in January 2011 the Debtor shall resume making the regular monthly payments of $1,499.60, 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 of $62.77 assessed after the fifteenth.
All payments tendered in accordance with this Order should be sent directly to Deutsche Bank National Trust Company as Trustee for GSR Mortgage Loan Trust 2006-OA1, Movant (OneWest Bank, FSB, Loan Servicer), at the following address:
OneWest Bank, FSB
6900 Beatrice Drive
Kalamazoo, Michigan 49003
3. Should the Debtor fail to make any payment when due, or should any payment be returned for insufficient funds, the Movant will file with the court and mail to the Debtor and her attorney an Affidavit of Default and Notice of Termination of Automatic Stay. Should the Debtor then fail to cure the default within ten (10) days from the date of filing of the default affidavit, and/or should the Debtor fail to file an opposition to the Default Affidavit pursuant to Bankruptcy Rule 4001(a)(3), the stay shall terminate without further court action and without further court order. 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. If the Debtor fails 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 Baltimore County, Maryland, at Liber 0023999 and folio 315 and which is secured by the property of the Debtor located at 4109 Cutty Sark Road, Middle River, Maryland 21220. There is no additional stay provided by Bankruptcy Rule 4001(a)(3).
4. 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 Affidavit of Default with the court and mail copies to the Debtor and their attorney and may proceed with collection and/or foreclosure actions.
5. 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, this agreement shall constitute the Debtor's consent to the termination of the automatic stay and the repayment provisions in Paragraph (1) shall be and become null and void. This agreement shall apply to proceedings for possession of the real property after the foreclosure sale.
6. The Movant and/or its successors and assigns may, at its option, offer, provide and enter into a potential forbearance agreement 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. Any such agreement shall be nonrecourse unless included in a reaffirmation agreement.
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.