Opinion
BANKRUPTCY NO. 10-38417 JFS.
March 28, 2011
Rod J. Rosenstein, United States Attorney, Alex S. Gordon, Assistant United States Attorney, Federal Bar No. 27468, Baltimore, Maryland, On behalf of HUD.
John C. Gordon, Severna Park, MD, Counsel for the Debtor.
STIPULATED ORDER DETERMINING THE EXTENT OF THE SECOND LIEN OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Plaintiff, Kathleen Lynn Minemier (sometimes hereinafter referred to as Movant, or Debtor) and Defendant, United States Department of Housing and Urban Development (sometimes hereinafter referred to as Defendant or HUD), by and through undersigned counsel, hereby consents to the entry of the following ORDER:
IT IS HEREBY ORDERED that Defendant has a valid Mortgage, dated on or about August 1, 2010, on the Plaintiff's real property, commonly known as 4956 Elm Street, Shady Side, Maryland 20764 ("Second Mortgage"), recorded as Instrument No. 7 001 90052627 in the Land Records of Anne Arundel County, Maryland, from the Debtor Kathleen Lynn Minemier as Grantor to Ellen W. Cosby as Trustee, conveying to Defendant as beneficiary a lien on the following described real estate:
ALL that lost of ground situate in Anne Arundel County Maryland And described as follows, that is to say BEING known and designated as Lots Numbered Forty three (43) And Forty Five (45) Block 17 both as shown on a Plat entitled Avalon Shores Section A which Plat is recorded among the Land Records of Anne Arundel County Maryland in plat Book 8 Folio 36. THE improvements thereon being known as 4958 Elms Street, Shady Side, MD 20764
IT IS FURTHER ORDERED that the Second Mortgage in the Chapter 13 proceeding of the Debtor shall be abrogated and null and void if Debtor complete the Chapter 13 Plan and receives an Order of Discharge.
IT IS FURTHER ORDERED that Defendant shall have an allowed unsecured claim in the amount listed in its proof of claim and said treatment shall be incorporated in the debtor's Chapter 13 plan.
IT IS FURTHER ORDERED that upon successful completion of the Chapter 13 Plan and receipt of an Order of Discharge, the Second Mortgage shall be terminated and released.
IT IS FURTHER ORDERED that in the event the Plaintiff refinances the loans on the subject property or sells the subject property prior to the completion of the Chapter 13 case and receipt of a Chapter 13 discharge, then the Second Mortgage will be paid in full at closing unless a lesser amount is agreed to by the parties.
IT IS FURTHER ORDERED that in the event that Debtors fail to complete the Chapter 13 Plan and obtain a Chapter 13 discharge order in the above-captioned bankruptcy this order does not affect the validity or enforceability of the Second Mortgage and may not be used in any subsequent bankruptcy case of the Debtors either to compel the holder of the Second Mortgage to execute a discharge of the Second Mortgage or to otherwise act as a discharge of the Second Mortgage.
IT IS FURTHER ORDERED that upon completion of the Debtors' Chapter 13 Plan and the entry of a Chapter 13 discharge order, the Debtor may record a certified copy of this order, with a copy of the Debtor's Chapter 13 discharge order attached, in the property records of the county which will constitute and effectuate the release and discharge of the Second Mortgage.
WE HEREBY CERTIFY that the terms of the copy of the Stipulated Order submitted to the Court are identical to those set forth in the original Stipulated Order; and the signatures represented by the /s/________ on this copy reference the signatures of consenting parties on the original Stipulated Order.
Signed: March 25, 2011
SO ORDERED