Opinion
CASE NO.: 16-01863-jw
07-20-2018
IN RE: Glynis John Martin, Sr. Argie Lanette Phine-Martin Debtors.
ORDER GRANTING RELIEF
The order set forth on the following pages, for a total of 2 pages including this page, is hereby ORDERED.
/s/_________
US Bankruptcy Judge
District of South Carolina Chapter 13
ORDER GRANTING RELIEF FROM STAY BASED UPON FAILURE TO COMPLY WITH SETTLEMENT ORDER
This matter comes before the Court upon the Affidavit of Default filed by Nationstar Mortgage LLC d/b/a Mr. Cooper ("Movant"), which indicates that Debtors have failed to comply with the terms of the Settlement Order entered on March 13, 2018 by failing to make the April 2018 - June 2018 regular payments and the April 2018 - June 2018 stipulation payments in accordance with the Settlement Order. Therefore, it is
ORDERED that relief from the automatic stay is granted as to the property described as 518 Friarsgate Boulevard, Irmo, SC 29063, and that Movant may proceed with its state court remedies against the property, including sending any required notice to Debtor(s). The Movant has agreed to waive any claim arising under 11 U.S.C. § 503(b) or § 507(b) as a result of this Order, and has further agreed that any funds realized in excess of all liens, costs, and expenses will be paid to the Trustee.
IT IS FURTHER ORDERED that:
[ ] Based upon Debtor(s)' prior agreement to Movant's request regarding the Fed. R. Bankr. P. 4001(a)(3) stay, this order is effective immediately.
[×] Pursuant to Fed. R. Bankr. P. 4001(a)(3), this order is stayed until the expiration of 14 days after its entry).
AND IT IS SO ORDERED.