Opinion
Case No. 6:11-bk-11247-ABB
05-18-2012
In re: MARCELO MARTIN and EDELMA MARTIN, Debtors.
Chapter 13
ORDER
This matter came before the Court on the Motion to Compel Mediation (Doc. No. 57) filed by the Debtors Marcelo Martin and Edelma Martin requesting the creditor Wells Fargo Home Mortgage ("Bank") be directed to participate in mortgage mediation. The Court entered an Order on February 1, 2012 (Doc. No. 36) directing Bank to file a designation of its contact for loan modification mediation and directing the parties to complete mortgage modification mediation within 90 days. Bank has failed to designate a contact or provide Debtors with a loan modification package. Bank's failure to comply with the Order is preventing Debtors from scheduling a mortgage mediation.
Accordingly, it is
ORDERED, ADJUDGED and DECREED that the Debtors' Motion to Compel Mediation (Doc. No. 57) is hereby GRANTED; and it is further
ORDERED, ADJUDGED and DECREED that Wells Fargo Home Mortgage shall immediately file with the Court and serve on the Debtors a designation of its contact for representative for the loan modification mediation; and it is further
ORDERED, ADJUDGED and DECREED that Wells Fargo Home Mortgage shall immediately send to Debtors' counsel a loan modification package; and it is further
ORDERED, ADJUDGED and DECREED that Wells Fargo Home Mortgage is directed to schedule a loan modification mediation to occur within thirty (30) days of the entry of this order; and it is further
ORDERED, ADJUDGED and DECREED that the Court will consider imposing sanctions on Wells Fargo Home Mortgage if Wells Fargo Home Mortgage fails to comply with this Order within seven (7) days of the date of its entry; and it is further
ORDERED, ADJUDGED and DECREED that the Court retains jurisdiction to assess whether the imposition of sanctions may be appropriate.
_________________
ARTHUR B. BRISKMAN
United States Bankruptcy Judge