OneWest Bank, FSB v. Turner-Bowman (In re Turner-Bowman)

Full title: In re: Sonja M. Turner-Bowman AKA Sonja M. Turner OneWest Bank, FSB…

Court: UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND

Date published: May 9, 2012

Case No. 11-16977-TJC (Bankr. D. Md. May. 9, 2012)

Opinion

Case No. 11-16977-TJC

2012-05-09

In re: Sonja M. Turner-Bowman AKA Sonja M. Turner OneWest Bank, FSB, Movant v. Sonja M. Turner-Bowman AKA Sonja M. Turner, Debtor Respondent

Benjamin Smith, Esq. Attorney for Movant Harris S. Ammerman, Esq. Attorney for Debtor

THOMAS J. CATLIOTA

SO ORDERED

___________________________

U.S. BANKPUPTCY JUDGE

Chapter 13

CONSENT ORDER AND STIPULATION MODIFYING AUTOMATIC STAY

The Movant, OneWest Bank, FSB, Movant, by its attorney, Benjamin Smith, Esq., and the Debtor, Sonja M. Turner-Bowman by his/her attorney, Harris S. Ammerman, Esq., do hereby consent to the following:

1. The Debtor shall cure the post-petition arrears due of $22,300.73, which includes payments in the amount of $1,979.14 for the months of July 2011 thru May 2012 as well as bankruptcy legal fees and costs of $826.00; this amount is LESS a suspense balance of $295.81, by making "additional" monthly payments of $3,716.79 commencing in June 2012 and continuing each month thereafter for a total of six (6) months until the arrears are paid in full. The "additional" payments must be received by the 25TH day of the month. Note: Should the Debtor provide sufficient proof of payments made but not yet credited by Movant, the above arrears will be adjusted accordingly.
2. Commencing, in June 2012 the Debtor shall resume making the regular monthly payments of $1,979.14, 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 assessed after the fifteenth.

All payments tendered in accordance with this Order should be sent directly to OneWest Bank, FSB,

Movant, at the following address:

OneWest Bank, FSB, Movant

P.O. Box 4045

Kalamazoo, Michigan 49003

3. Should the Debtor default under Paragraph 1 or 2 herein, or should any payment be returned for insufficient funds, the Movant may file with the court and mail to the Debtor and their attorney an Affidavit of Default and Notice of Termination of Automatic Stay. Should the Debtor then fail to cure the default including any amounts which have become due between the execution of the Affidavit and the expiration of the cure period, within ten (10) days from the date of the filing of the 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. Should the Debtor file an Objection, Response or Motion to Strike the Affidavit of Default, the Debtor shall bear the burden of proof as to the inaccuracy of the Affidavit. 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 Prince George's County, Maryland, at Liber 29564 and folio 550 and which is secured by the property of the Debtor located at 1658 Forest Park Drive, District Heights, Maryland 20747. The additional stay provided by Bankruptcy Rule 4001(a)(3) is hereby waived.
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 immediately.
5 This agreement shall be and become null and void on the termination of this bankruptcy proceeding. Should the Debtors convert to a Chapter 7 proceeding, the automatic stay, and if applicable the co-debtor stay shall terminate effective with the conversion. This agreement shall apply to proceedings for possession of the real property after the foreclosure sale and shall apply to successors and/or assigns of Movant.
6. The Movant and/or its successors and assigns may, at its option, offer, provide and enter into a potential forbearance agreement and/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 non-recourse unless included in a reaffirmation agreement.

SEEN AND APPROVED:

___________________________

Benjamin Smith, Esq.

Attorney for Movant

___________________________

Harris S. Ammerman, Esq.

Attorney for Debtor

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 ________ on the copy of the consent order submitted to the Court reference the signatures of consenting parties obtained on the original consent order.

Benjamin Smith, Esq.

Copies to:

Sonja M. Turner-Bowman

AKA Sonja M. Turner

1658 Forest Park Drive

District Heights, Maryland 20747
Copies were sent electronically thru the CM/ECF system to Benjamin Smith, Esq., Harris S. Ammerman, Esq., and Nancy Spencer Grigsby, Esq., Trustee.

End of Order