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IN RE CLEMONS, 10-29671-WIL. (2010)

Court: United States Bankruptcy Court, D. Maryland Number: inbco20101215786 Visitors: 1
Filed: Dec. 15, 2010
Latest Update: Dec. 15, 2010
Summary: CONSENT ORDER AND STIPULATION MODIFYING AUTOMATIC STAY WENDELIN I. LIPP, Bankruptcy Judge The Movant, OneWest Bank, FSB, by its attorney, Deborah K. Curran, Esq., and the Debtor, Tracey M. Clemons and the Non-Filing Co-Debtors, James Clemons by his/her attorney, Barry M. Tapp, do hereby consent to the following: 1. The Debtor shall cure the post-petition arrears due of $9,034.22, which includes payments in the amount of $2,675.55 and late charges in the amount of $108.11 for the months of Se
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CONSENT ORDER AND STIPULATION MODIFYING AUTOMATIC STAY

WENDELIN I. LIPP, Bankruptcy Judge

The Movant, OneWest Bank, FSB, by its attorney, Deborah K. Curran, Esq., and the Debtor, Tracey M. Clemons and the Non-Filing Co-Debtors, James Clemons by his/her attorney, Barry M. Tapp, do hereby consent to the following:

1. The Debtor shall cure the post-petition arrears due of $9,034.22, which includes payments in the amount of $2,675.55 and late charges in the amount of $108.11 for the months of September 2010 thru November 2010 as well as bankruptcy legal fees and costs of $800.00, by making "additional" monthly payments of $1,505.70 commencing in December 2010 and continuing each month thereafter for a total of six (6) months until the arrears are paid in full. The "additional" payments must be received by the 25th day of the month. Note: Should the Debtor provide sufficient proof of payments made but not yet credited by Movant, the above arrears will be adjusted accordingly.

2. Additionally, in December 2010 the Debtor shall resume making the regular monthly payments of $2,675.55, or as adjusted for interest rate or escrow changes and shall continue to be bound by all other provisions in the Note and Deed of Trust. The regular payments are due on the first day of the month with a late charge of $108.11 assessed after the fifteenth.

All payments tendered in accordance with this Order should be sent directly to OneWest Bank, FSB, at the following address:

OneWest Bank, FSB 6900 Beatrice Drive Kalamazoo, Michigan 49003

3. Should the Debtor fail to make any payment when due, or should any payment be returned for insufficient funds, the Movant will file with the court and mail to the Debtor and her attorney an Affidavit of Default and Notice of Termination of Automatic Stay. Should the Debtor then fail to cure the default within ten (10) days from the date of filing of the default affidavit, and/or should the Debtor fail to file an opposition to the Default Affidavit pursuant to Bankruptcy Rule 4001(a)(3), the stay shall terminate without further court action and without further court order. Any payment(s) tendered to cure a default arising under the provisions of this consent agreement must be in the form of certified or cashier's check or money orders. If the Debtor fails to cure the default noted, the Noteholder may proceed to enforce its rights, including but not limited to foreclosure, under the provisions of the Deed of Trust recorded among the land records of Prince George's County, Maryland, at Liber 23588 and folio 369 and which is secured by the property of the Debtor located at 12503 Tobias Court, Clinton, Maryland 20735. There is no additional stay provided by Bankruptcy Rule 4001(a)(3).

4. Should there be more than two (2) defaults in payment as provided in this agreement, there shall be no ten day "cure period"; the Movant shall file the Affidavit of Default with the court and mail copies to the Debtor and their attorney and may proceed with collection and/or foreclosure actions.

5. This agreement shall be and become null and void on the termination of this bankruptcy proceeding. Should the Debtor convert to a Chapter 7 proceeding, this agreement shall constitute the Debtor's consent to the termination of the automatic stay and the repayment provisions in Paragraph (1) shall be and become null and void. This agreement shall apply to proceedings for possession of the real property after the foreclosure sale.

6. The Movant and/or its successors and assigns may, at its option, offer, provide and enter into a potential forbearance agreement or loan modification or other loan workout/loss mitigation agreement which does not otherwise require court approval. The Movant may contact the Debtor via telephone or written correspondence to offer such an agreement. Any such agreement shall be non-recourse unless included in a reaffirmation agreement.

SO ORDERED.

Source:  Leagle

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