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IN RE STEPHENSON, 12-25571 JTM. (2013)

Court: United States Bankruptcy Court, D. Utah Number: inbco20130221774 Visitors: 11
Filed: Feb. 20, 2013
Latest Update: Feb. 20, 2013
Summary: ORDER TERMINATING THE AUTOMATIC STAY ON APRIL 2, 2013 SunTrust Mortgage, Inc. ("Creditor") filed a Motion for Termination of the Automatic Stay. The debtor filed an objection to Creditor's motion on February 14, 2013. Based on the representations of the parties, and good cause appearing therefore, it is hereby ORDERED, adjudged and decreed that the automatic stay in this case shall terminate on April 2, 2013 as to the real property of the debtor located at 11471 South Nicklaus Road, Sandy, in S
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ORDER TERMINATING THE AUTOMATIC STAY ON APRIL 2, 2013

SunTrust Mortgage, Inc. ("Creditor") filed a Motion for Termination of the Automatic Stay. The debtor filed an objection to Creditor's motion on February 14, 2013. Based on the representations of the parties, and good cause appearing therefore, it is hereby ORDERED, adjudged and decreed that the automatic stay in this case shall terminate on April 2, 2013 as to the real property of the debtor located at 11471 South Nicklaus Road, Sandy, in Salt Lake County, Utah, more particularly described as:

Lot 414, JORDAN POINT NO. 4, according to the official plat thereof, on file and of record in the office of the Salt Lake County Recorder. Together with all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property.

It is further ORDERED that Creditor, and/or its successors and assigns, is permitted to proceed, pursuant to applicable non-bankruptcy law, to exercise all of its legal remedies and rights, including any right of assessment of reasonable fees and costs as provided by contract or statute, against the above-described property; and,

It is further ORDERED that Creditor and/or its successors and assigns may, at its option, offer, provide and enter into a potential forbearance agreement, loan modification, refinance agreement or other loan workout/loss mitigation agreement. Any such agreement shall be non-recourse unless included in a reaffirmation agreement. Creditor may contact the Debtors via telephone or written correspondence to offer such an agreement. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other Chapter of Title 11 of the United States code;

It is further ORDERED that this Order shall be immediately enforceable on April 2, 2013, and shall not otherwise be stayed for fourteen days pursuant to Federal Rule of Bankruptcy Procedure 4001(a)(3).

Source:  Leagle

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