Case No.: 09-25118-PM.United States Bankruptcy Court, D. Maryland.
August 26, 2010
CONSENT ORDER AND STIPULATION MODIFYING AUTOMATIC STAY
PAUL MANNES, Bankruptcy Judge
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.
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ORDERED that the Automatic Stay be, and it is, hereby terminated, by default as to the Co-Debtor, and by Consent as to the Debtor, 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 Prince George’s County, Maryland against the real property and improvement known as 6102 43rd Avenue, Hyattsville, MD 20781 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, 2010, of $1,815.13 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 $1,546.51 for nine (9) months beginning September 15, 2010, and continue through May, 2011. The total post-petition arrearage due from March, 2010 to September, 2010 is $13,918.56 which includes $650.00 bankruptcy legal fees $150.00 bankruptcy costs and $412.65 late charges. If the Debtor asserts successfully that he has made a payment for which credit was not given by lender, the lender shall give credit pursuant to the loan documents.
Payments should be mailed to:
Capital One, NA as a successor in interest to Chevy Chase, FSB
6151 Chevy Chase Drive
Laurel, MD 20707
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.
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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.
SO ORDERED
John Douglas Burns, Esquire, Attorney for Debtor.
Richard J. Rogers, Esquire, Cohn, Goldberg Deutsch, LLC, Towson, MD, Attorney for Movant.
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