IN MATTER OF THOMPSON (Bankr.D.Md. 10-20-2009)


IN THE MATTER OF: Linda Thompson aka Linda Lathan Chapter 13, DEBTOR(S) UBS Real Estate Securities, Inc., by Cenlar, Servicing Agent MOVANT v. Linda Thompson aka Linda Lathan RESPONDENT(S).

Case No.: 09-14059-WIL.United States Bankruptcy Court, D. Maryland.
October 20, 2009

CONSENT ORDER AND STIPULATION MODIFYING AUTOMATIC STAY
WENDELIN LIPP, 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, 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 5611 Old Temple Hill Road, Temple Hills, MD 20748 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 November 1, 2009 of $1,285.89 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 $1,033.46 for SIX (6) months beginning November 15, 2009 and continue through April 15, 2010. The total post-petition arrearage due from July, 2009 to October, 2009 is $6,200.72 which includes $650.00 bankruptcy legal fees, $150.00 filing costs and $257.16 late charges.

Payments should be mailed to:

UBS Real Estate Securities, Inc., by Cenlar, Servicing Agent
PO Box 77404
Ewing, NJ 08628
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 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.

SO ORDERED.

Michael R. Murphey, Esquire, Attorney for Debtor.

Richard J. Rogers, Esquire, Cohn, Goldberg Deutsch, LLC, Towson, MD, Federal Bar #: 01980 (MD), 430501 (DC), Attorney for Movant.

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Notice Recipients

District/Off: 0416-0 User: ckearney Date Created: 10/20/2009

Case: 09-14059 Form ID: pdfparty Total: 5

Recipients of Notice of Electronic Filing:

tr Timothy P. Branigan cmecf@chapter13maryland.com

aty Michael R. Murphey murpheyusa@aol.com

TOTAL: 2

Recipients submitted to the BNC (Bankruptcy Noticing Center):

db Linda Thompson 5611 Old Temple Hill Road Temple Hills, MD 20748

Linda Thompson aka Linda Lathan 5611 Old Temple Hill Road Temple Hills, MD 20748

Cohn, Goldberg Deutsch, LLC 600 Baltimore Avenue, Suite 208 Towson, MD 21204

TOTAL: 3