Filed: Mar. 01, 2013
Latest Update: Mar. 01, 2013
Summary: ORDER GRANTING RELIEF FROM AUTOMATIC STAY The Court, having considered the Motion for Relief From the Automatic Stay ("Motion") filed by Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-2, Asset-Backed Certificates, Series 2007-2 ("Movant") and noting that the Motion, Notice of Hearing, and other supporting documents were properly served on all parties entitled to notice, and finding that no objection has been filed, and other good cause appearing, IT IS HEREBY ORDERE
Summary: ORDER GRANTING RELIEF FROM AUTOMATIC STAY The Court, having considered the Motion for Relief From the Automatic Stay ("Motion") filed by Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-2, Asset-Backed Certificates, Series 2007-2 ("Movant") and noting that the Motion, Notice of Hearing, and other supporting documents were properly served on all parties entitled to notice, and finding that no objection has been filed, and other good cause appearing, IT IS HEREBY ORDERED..
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ORDER GRANTING RELIEF FROM AUTOMATIC STAY
The Court, having considered the Motion for Relief From the Automatic Stay ("Motion") filed by Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-2, Asset-Backed Certificates, Series 2007-2 ("Movant") and noting that the Motion, Notice of Hearing, and other supporting documents were properly served on all parties entitled to notice, and finding that no objection has been filed, and other good cause appearing,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
1. As to Movant, its successors, transferees and assigns, the automatic stay of 11 U.S.C. § 362 (a) is terminated and Movant may exercise its rights and remedies under applicable nonbankruptcy law with respect to the real property commonly known as 1048 Cross St, Ogden, Utah 84404-5124, which is legally described as:
THE EAST OF 4 FEET OF LOT 14, AND ALL OF LOT 15, HUNTER HILL ADDITION NO. 3, OGDEN CITY, WEBER COUNTY, UTAH, ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE WEBER COUNTY RECORDER.
Parcel No.: 13-009-0015
2. Upon entry of this Order, the Chapter 13 Trustee shall cease making any further payments in regard to Movant's claim filed in this bankruptcy case.
3. Post-petition attorneys' fees and costs for the within motion may be added to the outstanding balance of the subject Note as allowed under applicable non-bankruptcy law.
4. Movant shall file an amended general unsecured Proof of Claim within 180 days of the sale of the Real Property for any deficiency balance due under the Note or such claim shall be paid $0.00.
5. This order shall be binding and effective and supersede any subsequently entered confirmation order that confirms a Chapter 13 Plan of Reorganization providing for the treatment of Movant's claim.
