Allen v. HSBC Bank Nev., N.A. (In re Allen)

THOMAS J. CATLIOTA

_______________________

THOMAS J. CATLIOTA

U. S. BANKRUPTCY JUDGE

Chapter 13

STIPULATED SETTLEMENT AND ORDER

Plaintiff, Audley A. Allen (the "Plaintiff") and Defendants, HSBC Bank Nevada, N.A. and HSBC Bank USA, N.A. (together "HSBC") (collectively, the "Parties"), by and through undersigned counsel, stipulate and agree as follows:

1. Plaintiff owns a house located at 905 Kings Valley Drive Bowie, MD 20721 ("Property") with his wife Sharleen Allen as tenants by the entirety, as evidenced by a December 6, 2005 Deed recorded in the Land Records Department for Prince George's County.
2. On January 25, 2008, HSBC Bank Nevada, N.A. sued only Audley A. Allen in the civil action titled HSBC Bank Nevada, N.A. v. Allen, Audley A., District Court for Prince George's County Case No. 0502 0001607 2008 (the "District Court Action").
3. On April 28, 2009, a judgment was entered in favor of HSBC Bank Nevada, N.A. and against Audley A. Allen only in the amount of $1,103.94 (the "Judgment") in the District Court Action.
4. On August 18, 2009, the Judgment was then recorded in the Circuit Court for Prince George's County by HSBC Bank USA, N.A. against Audley A. Allen only ("Lien").
5. The Parties agree that the Judgment, as recorded in the Circuit Court for Prince George's County, is not a lien on 905 Kings Valley Drive Bowie, MD 20721.
6. The Parties further agree that the Judgment constitutes a wholly unsecured claim against Audley A. Allen only.
7. Within thirty (30) days of the date of this Order the Parties agree to file a Joint Motion in the District Court for Prince George's County to withdraw, strike or otherwise release the Lien in the Circuit Court for Prince George's County.
8. The Parties agree that this Stipulation resolves all claims asserted against HSBC in this adversary action and all claims asserted against HSBC are dismissed with prejudice.

Respectfully submitted, ____________________
Zeenat A. Iqbal, Esq.
Stradley Ronon Stevens & Young, LLP
Attorneys for Defendants, HSBC Bank

Nevada, N.A. and HSBC Bank USA, N.A.

____________________

Edward V. Hanlon, Esq.
Law Office of Edward V. Hanlon, Chartered
Attorneys for Plaintiff

Signature Certification

I HEREBY CERTIFY that the terms of the copy of Stipulated Settlement and Order submitted to the Court are identical to those set forth in the original Stipulated Settlement and Order; and the signatures represented by the /s/ _________ on this copy reference the signatures of the parties on the original Stipulated Settlement and Order.

Respectfully submitted,

____________________

Edward V. Hanlon, Esq.
Cc: Zeenat A. Iqbal, Esq.

Stradley Ronon Stevens & Young, LLP

1250 Connecticut Avenue, N.W., Suite 500

Washington, DC 20036

Edward V. Hanlon, Esq.

Law Office of Edward V. Hanlon, Chartered

5510 Cherrywood Lane, Suite G

Greenbelt, Maryland 20770