Opinion
BANKRUPTCY NO. 11-23305
12-23-2011
In re: ROBIN ARLEENE SAVAGE Debtor ROBIN ARLEENE SAVAGE Movant v. SECRETARY OF HOUSING AND URBAN DEVELOPMENT. Defendant
Rod J. Rosenstein United States Attorney Alex S. Gordon Assistant United States Attorney On behalf of HUD L. Jeanette Rice, Esq. Walsh, Becker, Moody & Rice Counsel for the Debtor
SO ORDERED
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U. S. BANKRUPTCY JUDGE
STIPULATED ORDER DETERMINING THE EXTENT OF THE SECOND LIEN
OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Plaintiff Robin Arleene Savage (sometimes hereinafter referred to as Debtor) and Defendant United States Department of Housing and Urban Development (sometimes hereinafter referred to a 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 February 28, 2003, on the Plaintiff's real property, commonly known as 9815 301 Lake Point, Upper Marlboro, Maryland 20774 ("Second Mortgage"), recorded as Instrument No. 13-1519651 in the Land Records of Prince Georges County, Maryland, from the Debtor Robin Arleene Savage as Grantor to Nancy Spencer Grigsby as Trustee, conveying to Defendant as beneficiary a lien on the following described real estate:
THE FOLLOWING described Real Estate, situated in the County of Prince George's, State of Maryland, to wit:
BEING KNOWN and designated as Unit No. 301, Building 7, Phase 1, Of Lake Pointe at the Town Centre Condominium, a condominium established Under the provisions of Title 11 of the real property article of the annotated Code of Maryland (1981 Edition, as amended) by the operation and effect Of a declaration dated November 20, 1992, and recorded among the land Records of prince Georges County, Maryland, in Liber 8586 at Folio 854, Et seq., made by JMG Development Corporation, a Maryland Corporation, declarant, all of the unit and those certain condominium plats entitled "Plat and Plan of Condominium, part of Phase One, Lake Pointe Condominium", Both of which are recorded among the Land Records of prince Georges County, Maryland, in condominium Plat Book VJ 164 at Plat No. 39 and Condominium Plat Book VJ 164 at Plat No. 40, Respectively.
THE improvements thereon being know and designated as 9815 Lakepointe Court #301, Landover, Maryland
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 completes 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 loan 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 Debtor fails 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 Debtor 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 Debtor's 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.
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Rod J. Rosenstein
United States Attorney
Alex S. Gordon
Assistant United States Attorney
On behalf of HUD
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L. Jeanette Rice, Esq.
Walsh, Becker, Moody & Rice
Counsel for the Debtor
Copies to:
Nancy Spencer Grigsby, Trustee
L. Jeanette Rice, Esq.