Case No.: 08-13450-DWK.United States Bankruptcy Court, D. Maryland.
March 24, 2009
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.
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1. Resume(s) making regular monthly payments on March 1, 2009 of $606.30 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 $758.52 for six (6) months beginning March 15, 2009 and continue through August 15, 2009. The total post-petition arrearage due from September, 2008 to February. 2009 is $4,551.08 which includes $650.00 bankruptcy legal fees, $150.00 filing fee and $113.28 late charges.
Payments should be mailed to:
American Home Mortgage Servicing, Inc., a Delaware Corp., f/k/a AH Mortgage Acquisition Co., Inc
4600 Regent Blvd.
Irving, TX 75063
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 be mailed to Debtor and Debtor’s Attorney Counsel. Said Notice shall state the amount required to cure the default and that the cure amount must be paid within (10) ten days of the date of notice. Any cure of a default under this Order must be paid in the form of a certified or cashier’s check, or Western Union Quick Collect. Debtor shal have the right to cure no more than (2) two defaults under this consent order.
The ten (10) 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.
James Greenan, Esquire, Attorney for Debtor.
Richard J. Rogers, Esquire, Cohn, Goldberg Deutsch, LLC, Towson, MD, Attorney for Movant.
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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 Baltimore City, Maryland against the real property and improvement known as 3929 Belle Avenue, Baltimore, MD 21215 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):
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.
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Notice Recipients
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