Case No.: 06-16483-DWK.United States Bankruptcy Court, D. Maryland.
June 6, 2007
Christopher M. Fascetta, Esquire, Towson, MD, Attorney for Debtor Co-Debtor.
Richard J. Rogers, Esquire, Cohn, Goldberg Deutsch, LLC, Towson, MD, Attorney for Movant.
CONSENT ORDER AND STIPULATION MODIFYING AUTOMATIC STAY
DUNCAN KEIR, 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.
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 Harford County, Maryland against the real property and improvement known as 1600 Stone Ridge Way, Bel Air, MD 21015 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 July 1, 2007 of $4,683.53 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 full post-petition reinstatement payment of $43,370.30 by June 30, 2007. The total post-petition arrearage due from November, 2006 to June, 2007 is $43,370.30 which includes $800.00 for the chapter 7 motion for relief fee, $800.00 for the chapter 13 motion for relief fee, $2,094.38 foreclosure fees/costs, $300 appraisal fee, $250.00 objection to plan fee and $1,657.68 late charges.
Fremont Investment Loan
1065 N. PacifiCentor Drive
Anaheim, CA 92806
Attn: Bankruptcy Department
Should the Debtor(s) fail to make any payment when due or should any payment be returned for insufficient funds, 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 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.
SO ORDERED