Opinion
Case No.: 10-27467-NVA
09-29-2011
IN THE MATTER OF: Cindy Marie Figliozzi, a/k/a: Cindy Figliozzi DEBTOR(S) OneWest Bank, FSB MOVANT v. Cindy Marie Figliozzi, a/k/a: Cindy Figliozzi RESPONDENT(S)
Ronald B. Greene, Esquire Attorney for Debtor Richard J. Rogers, Esquire Cohn, Goldberg & Deutsch, LLC Attorney for Movant
SO ORDERED
U. S. BANKRUPTCY JUDGE
Chapter 13
CONSENT ORDER AND STIPULATION MODIFYING AUTOMATIC STAY
TO THE HONORABLE, THE JUDGE OF SAID COURT:
Upon consideration of the foregoing Motion Seeking Relief from Automatic Stay, the parties having reached an agreement, and good cause having been shown, by the United States Bankruptcy Court for the District of Maryland.
ORDERED that the Automatic Stay be, and it is, hereby terminated, pursuant to 11 U.S.C. 362(d), to permit Movant, its assigns and/or successors, to commence foreclosure proceedings in the Circuit Court for Anne Arundel County, Maryland against the real property and improvement known as 569 Francis Nicholson Way, Annapolis, MD 21401 and that the successful purchasers shall take possession of the same; and be it further
ORDERED that the relief granted in the immediately proceeding paragraph be, and the same is hereby stayed, provided that the Debtor(s):
1. Resume(s) making regular monthly payments on October 1, 2011 of $1,847.41 or as adjusted for escrow changes and continue thereafter, as well as all other conditions and obligations under the terms of the Deed of Trust or Mortgage, and
2. Make(s) a payment of $3,025.19 for SIX (6) months beginning October 15, 2011 and continue through March 15, 2012. The total post-petition arrearage due from January, 2011 to September, 2011 is $18,151.09 which includes $650.00 bankruptcy legal fees, $150.00 filing costs, $730.71 late charges and minus $6.31 from borrower suspense.
Payments should be mailed to:
OneWest Bank, FSB
155 N. Lake Avenue
Pasadena, CA 911011835
Attn: Bankruptcy Department
Should the Debtor(s) fail to make any payment when due or should any payment be returned for insufficient funds, Movant shall file a Notice of Default with the Court. Said Notice shall provide copies to the Debtor(s) and Debtor(s)' attorney and allow the Debtor(s) ten (10) days from the date the Affidavit of Default is mailed to cure two (2) default(s) under this agreement. Any cure of an Affidavit of Default must be made in the form of a certified or cashier's check, or Western Union Quick Collect. No right shall be given to cure any ensuing default. In the event of a subsequent default and upon notice to Debtor(s), Debtor(s)' counsel and the Court the stay shall automatically terminate.
The fourteen (14) day stay of Bankruptcy Rule 4001(a)(3) is waived.
The parties agree that if the Debtor(s) converts this case to a Chapter 7, the Movant may immediately exercise all rights provided by the security instruments referenced in this Order and applicable state law.
Ronald B. Greene, Esquire
Attorney for Debtor
Richard J. Rogers, Esquire
Cohn, Goldberg & Deutsch, LLC
Attorney for Movant
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 this copy reference the signatures of consenting parties on the original consent order.
Richard J. Rogers, Esquire
Cohn, Goldberg & Deutsch, LLC
600 Baltimore Avenue, Suite 208
Towson, MD 21204
410-296-2550
Fax: 410-296-2558
Email: bankruptcyecf@cgd-law.com
Federal Bar #: 01980 (MD)
Attorney for Movant
Copies to:
Cindy Marie Figliozzi
a/k/a: Cindy Figliozzi
569 Francis Nicholson Way
Annapolis, MD 21401
and respondent(s)' counsel:
Ronald B. Greene, Esquire
9500 Annapolis Road B-5
Lanham, Maryland 20706
Gerard R. Vetter, Trustee
100 S. Charles Street, Suite 501 Tower II
Baltimore, MD 21201
Cohn, Goldberg & Deutsch, LLC
600 Baltimore Avenue, Suite 208
Towson, MD 21204