William T. Thurman
Submitted by:
Kenyon D. Dove (9868)
SMITH KNOWLES, P.C.
Attorneys for Utah Housing Corporation
Judge: William T. Thurman
ORDER APPROVING STIPULATION RE MOTION FOR RELIEF FROM THE AUTOMATIC STAY
[Filed Electronically]
Utah Housing Corporation ("Lender"), a secured creditor of the Debtor, Joni Lollyne Ortega, having presented its Motion for Relief from the Automatic Stay, and based upon the Stipulation Re: Motion for Relief from the Automatic Stay entered into by Lender, by and through its counsel of record, Kenyon D. Dove of SMITH KNOWLES, P.C., the Debtor, by and through her counsel of record, Justin O. Burton, and the Chapter 13 Trustee, Kevin R. Anderson, and the Court having reviewed the Stipulation, familiarized itself with the record and finding good cause herein,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:
1. The Stipulation regarding Lender's Motion for Relief from the Automatic Stay between the Lender, the Debtor, and the Chapter 13 Trustee is hereby approved and ordered.
2. That Debtor has defaulted under the terms of the Trust Deed dated September 24, 1996 and recorded on September 26, 1996, as Entry No. 6464654, and the Note dated September 24, 1996, and shall cure the current total post-petition delinquency under the Note, principal, interest, late charges, fees, and attorney fees and costs in the total amount of $$3,478.76 ("Arrearage").
3. That to cure the Arrearage, Debtor shall make one payment in the amount of $854.03 on or before March 4, 2013.
4. That to cure the remaining Arrearage amount of $2,624.73, Debtor shall make five (5) monthly payments on or before the 15th of each month in the amount of $437.46 each, commencing on or before March 15, 2013 and ending with one final payment in the amount of $437.43 due on or before August 15, 2013.
5. That Debtor shall make her regularly scheduled post-petition monthly mortgage payments starting March 1, 2013 and monthly mortgage payments thereafter on time.
6. That additionally, Debtor shall bring current, if applicable, and keep current payments to the Chapter 13 Trustee, and the regular post-petition monthly payments to be made to the Lender, on the Note and any other obligations thereunder, including payment of taxes and insurance, for the duration of Debtor's Chapter 13 Plan pursuant to the terms of the Chapter 13 Plan, the Note, Trust Deed, and the Agreement.
7. That any and all payments under the Stipulation shall be made payable to Lender, Utah Housing Corporation, at the address already provided to the Debtor, or at such other address as Lender may designate in writing.
8. That Debtor understands that Utah Housing Corporation's website does not accept payments if the Debtor's account is delinquent. All payments due under the Stipulation and all future delinquent payments must be mailed or hand delivered directly to Utah Housing Corporation at 2479 South Lake Park Boulevard, West Valley City, Utah 84120 and paid by cashier's check only.
9. That if Debtor fails to make any of the payments, including but not limited to the payments toward the Arrearages as outlined herein or the regular post-petition monthly payments pursuant to the Note described in the Stipulation on or before the due date thereof, then Lender shall send to Debtor, her counsel and Chapter 13 Trustee a written Notice of Non-Compliance with the Stipulation at the addresses listed below, by Certified United States Mail, return receipt requested. If Debtor fails to cure the default under the Stipulation within five (5) calendar days after receipt of the Notice of Non-Compliance, Lender shall be entitled to submit an ex-parte order for relief from the Automatic Stay, without further motion or hearing. Notice will be provided to the Chapter 13 Trustee, by filing an Affidavit of Non-Compliance with the Court and the subsequent entry of an Ex Parte Order for Relief, thereby allowing Lender to enforce its Trust Deed lien and pursue its legal remedies against the Property. On any subsequent default in payment by Debtor, Lender shall not be required to send an additional Notice of Non-Compliance; Lender may immediately submit an ex-parte application and order for relief from the Automatic Stay, without further motion or hearing.
10. That should the Automatic Stay be lifted pursuant to the Stipulation, the Automatic Stay shall also be lifted and applied to any conversions of this case from one chapter to another.
11. That upon termination of the automatic stay, the Chapter 13 Trustee shall not be required to make any further distribution to Utah Housing Corporation, on its secured claim, Proof of Claim No. 9 on file herein, and Utah Housing Corporation, be allowed to file, within 240 days of the date of entry of Order for Relief, an amended proof of claim showing the amount, if any, that should be paid through Debtor's plan as an unsecured claim, for any deficiency balance, with service of a copy thereof on Kevin R. Anderson, Chapter 13 Trustee or such claim will be paid $0.
12. That should the Automatic Stay be lifted pursuant to the Stipulation, the fourteen-day stay following entry of an Order Granting Relief, as provided by Bankruptcy Rule 4001(a)(3), shall be waived.
13. That the Motion for Relief from the Automatic Stay Hearing scheduled for March 4, 2013, is hereby stricken.
COURT CERTIFICATE OF SERVICEI hereby certify that on the _____ day of _____, 2013, I caused to be served a true and correct copy of the foregoing, ORDER APPROVING STIPULATION RE: MOTION FOR RELIEF FROM THE AUTOMATIC STAY, by First Class United States mail, postage pre-paid or by electronic notice to the following: JONI LOLLYNE ORTEGA
8109 SOUTH MAIN STREET
MIDVALE, UTAH 84047
Debtor
JUSTIN O. BURTON
By ECF
Attorney for Debtor
KEVIN R. ANDERSON, TRUSTEE
By ECF
U.S. TRUSTEE'S OFFICE
By ECF
KENYON D. DOVE
By ECF
Attorney for Lender
____________________
Court Clerk
Comments