Filed: Feb. 27, 2013
Latest Update: Feb. 27, 2013
Summary: ORDER APPROVING SETTLEMENT AND JUDGMENT The Stipulation and Settlement Agreement executed on the parties' behalf having come regularly before the Court and for good cause appearing, now therefore: IT IS HEREBY ORDERED ADJUDGED AND DECREED THAT: 1. The fair market value of the collateral securing the debt owing to Deutsche Bank National Trust Company on the second Trust Deed shall be set at $0 (Zero). 2. The Defendant Deutsche Bank National Trust Company's Second Deed of Trust recorded in t
Summary: ORDER APPROVING SETTLEMENT AND JUDGMENT The Stipulation and Settlement Agreement executed on the parties' behalf having come regularly before the Court and for good cause appearing, now therefore: IT IS HEREBY ORDERED ADJUDGED AND DECREED THAT: 1. The fair market value of the collateral securing the debt owing to Deutsche Bank National Trust Company on the second Trust Deed shall be set at $0 (Zero). 2. The Defendant Deutsche Bank National Trust Company's Second Deed of Trust recorded in th..
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ORDER APPROVING SETTLEMENT AND JUDGMENT
The Stipulation and Settlement Agreement executed on the parties' behalf having come regularly before the Court and for good cause appearing, now therefore:
IT IS HEREBY ORDERED ADJUDGED AND DECREED THAT:
1. The fair market value of the collateral securing the debt owing to Deutsche Bank National Trust Company on the second Trust Deed shall be set at $0 (Zero).
2. The Defendant Deutsche Bank National Trust Company's Second Deed of Trust recorded in the Salt Lake County Recorder's office on September 14, 2005, at Entry No. 9490500 in Book 9188 at Pages 2522-2531. is hereby contingently stripped off and is otherwise void subject to the Debtor receiving a discharge under 11 U.S.C. §1328; and further that pursuant to 11 U.S.C. §349(b), unless the court, for cause, orders otherwise, a dismissal of the case or a conversion to another chapter reinstates the lien voided under 11 U.S.C. §1322(b). 3. The address to which this Order relates is 4383 South 4755 West, Salt Lake City, Utah 84120, and more particularly described as:
Lot 308, COLONY WEST NO. 3, as the same is recorded in the office of Salt Lake County Recorder, Utah
Tax Serial No. 21-06-154-013.
4. The claim of Deutsche Bank National Trust Company is disallowed in secured status and is allowed as a general non-priority unsecured debt.
5. Deutsche Bank National Trust Company shall retain its lien for the full amount due under the subject loan should the property be sold or should a refinance take place prior to Plan completion and entry of a Discharge.
6. In the event that any entity, including the holder of the first lien on the Subject Property, forecloses on its security interest and extinguishes Deutsche Bank National Trust Company's second lien prior to Debtor's receipt of a Chapter 13 discharge, Deutsche Bank National Trust Company's second lien shall attach to the surplus proceeds of the foreclosure sale, if any, for the full amount of the subject loan balance at the time of the sale.
7. The filing of this Order, together with the filing of an Order granting Plaintiff a discharge under 11 U.S.C. §1328, shall have the effect of a full reconveyance of the above described trust deed.
8. This Adversary Proceeding is hereby closed and each party shall bear their own fees and costs.