Benjamin J. Mann
, Bar Number 12588
Paul M. Halliday, Jr., Bar Number 5076
Stephen B. Watkins, Bar Number 3400
HALLIDAY, WATKINS & MANN, PC.
Attorneys for Wells Fargo Bank, N.A., as
Trustee for Carrington Mortgage Loan Trust,
Series 2007-RFC1, Asset-Backed Pass
Through Certificates
Chapter 13
ORDER BASED ON STIPULATION
TO CURE POST-PETITION
ARREARAGE
[Filed Electronically]
Based upon the previously filed stipulation, entered into between Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2007-RFC1, Asset-Backed Pass Through Certificates ("Secured Creditor"), by and through its attorney, , and the Debtors, by and through their attorney, Scott Blotter, and for good cause appearing,
IT IS HEREBY ORDERED:
That in the event any of the payments set forth in the foregoing stipulation are not made as required by that stipulation, then Secured Creditor and its successors and assigns, by proceeding as set forth in the said stipulation, may obtain an ex parte order modifying and terminating the automatic stay with respect to the following described real property:
Lot 1, THE VILLAGE COTTAGES PHASE NO. 1, according to the Official Plat thereof on file and of record in the Office of the Davis County Recorder;
Commonly known as 1212 South 1925 West, Syracuse, UT 84075;
to permit Secured Creditor and its successors and assigns to pursue its rights and remedies under state and federal law. In the event the stay is terminated, the unpaid pre-petition default amounts shall be excluded from the Chapter 13 plan and an amended proof of claim showing the same shall be filed with the court within 180 days of relief from stay or such claim shall be paid $0.00 under the amended plan and a copy shall be mailed to the Chapter 13 Trustee. It is further ordered that the debtors shall cure, within 30 days, any delinquency which may exist in their Chapter 13 plan payments. The terms and conditions set forth herein governing the continuation and termination of the automatic stay shall not be amended or altered or superseded by the confirmation order entered in this case but shall be considered a part of and integrated into the confirmation order. Further, if the automatic stay is terminated pursuant to this order prior to confirmation, the automatic stay shall not be reimposed by the entry of the confirmation order.
In the event that this case is converted to another case under Chapter 11 of the U.S.C., this agreement shall be valid and binding on any additional party, including an appointed trustee.
END OF ORDER
MAILING CERTIFICATE
I hereby certify that I mailed true and correct copies of the foregoing Order Based on Stipulation to Cure Post-Petition Arrearage by first class mail, postage prepaid, to each of the following:
Anthony Richards and Carlie
Richards
Debtors
United States Trustee
Via ECF
Scott Blotter
Via ECF
Debtors' Attorney
Kevin R. Anderson
Via ECF
Chapter 13 Trustee
Benjamin J. Mann
HALLIDAY, WATKINS & MANN,
P.C.
Via ECF
_________________
U.S. Bankruptcy Court Deputy Clerk Benjamin J. Mann, Bar Number 12588
Paul M. Halliday, Jr., Bar Number 5076
Stephen B. Watkins, Bar Number 3400
HALLIDAY, WATKINS & MANN, PC.
Attorneys for Wells Fargo Bank, N.A., as
Trustee for Carrington Mortgage Loan Trust,
Series 2007-RFC1, Asset-Backed Pass
Through Certificates
In re: ANTHONY RICHARDS AND CARLIE RICHARDS Debtors.
Bankruptcy Case No. 12-28755 JTM
Chapter 13
STIPULATION TO CURE
POST-PETITION ARREARAGE
[Filed Electronically]
Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2007-RFC1, Asset-Backed Pass Through Certificates ("Secured Creditor"), by and through its attorney, Benjamin J. Mann, and the Debtors, by and through their attorney, Scott Blotter, hereby stipulate as follows:
1. That through February 13, 2013, the Debtors are in arrears four months on post-petition mortgage payments of $1,088.19 each and agreed to pay those amounts as set forth below.
2. That Secured Creditor has expended reasonable attorney fees and expenses in this action in the sum of $526.00, which amount Debtors agreed to pay as set forth below.
3. That there is a suspense balance of $2.02 that is to be applied to the post-petition payments.
4. Debtors agreed to make the following payments to cure their post-petition arrearage and other amounts owing as set forth in paragraphs 1 and 2 above:
a. Debtors paid $2,177.00 on February 12, 2013 to Secured Creditor;
b. Debtors are to make a lump sum payment of $2,699.74 on or before February 26, 2013 to Secured Creditor.
5. The payments required by paragraph 4 above must be made with certified funds at the office of Carrington Mortgage Services, 1610 East St. Andrew Place #B150, Santa Ana, CA 92705.
6. Debtors shall make regular monthly payments of $1,088.19 (or any additional amount as required by the Note or Trust Deed) due on the first day of each month commencing March, 2013, and thereafter and payable directly to Carrington Mortgage Services, 1610 East St. Andrew Place #B150, Santa Ana, CA 92705. Debtors also agreed to pay with the payments above in paragraph 4 any additional amount, if any, due to an increase in the monthly reserve requirement following notice by Secured Creditor.
7. In the event any payment required by paragraph 4 is not made in full within ten (10) days of when due as set forth above, then Secured Creditor may immediately obtain an ex parte order terminating the automatic stay by presenting an affidavit of nonpayment to the Court without need for further notice or hearing so that it may continue with its foreclosure proceedings.
8. In the event any of the regular monthly payments due March, 2013 or thereafter as required by paragraph 6 are not paid when due, then Secured Creditor may obtain an ex parte order terminating the automatic stay as outlined above, but only after giving written notice of the nonpayment to Debtors and Debtors' attorney, and the unpaid amounts, plus any payments coming due within the ten (10) day period following the date of the notice, remain unpaid for ten (10) days following the date of the notice. Notice shall be by certified mail and shall be complete upon deposit in the U. S. Mail. However, and notwithstanding the foregoing to the contrary, in the event three such written notices are given and there is a fourth default by Debtors, then Secured Creditor shall be entitled to an ex parte order terminating the automatic stay by presenting an affidavit and order to the Court, but without the necessity of giving a fourth written notice or any other notice to Debtors.
9. All written notices required hereunder shall be addressed as follows:
Anthony and Carlie Richards
1212 South 1925 West
Syracuse, UT 84075
Debtors
Scott Blotter
735 East 9000 South, Suite 200
Sandy, UT 84094
Debtors' Attorney
10. The acceptance by Secured Creditor of a late or partial payment shall not act as a waiver of Secured Creditor's right to proceed hereunder.
11. In the event debtors are delinquent in Chapter 13 plan payments, debtors agree to cure the delinquency within 30 days.
12. Debtors agreed to file an amended budget with the court and/or affidavit regarding debtors' post-petition delinquency (as the Court requires) and serve a copy of the same on the Trustee within 10 days or relief can be granted.
13. With respect to Rule 4001(a)(3), the Court should allow immediate enforcement of any order for relief granted in accordance with this stipulation and the order filed herewith.
14. The Court is requested to execute the Order Based on Stipulation to Cure Post-Petition Arrearage filed herewith.
_________________
Benjamin J. Mann
Attorney for Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2007-RFC1, Asset-Backed Pass Through Certificates