Arthur P. Flores and Ramona Flores

1:07-bk-10046NmbNov 13, 2007

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UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF NEW MEXICO
IN RE:
Arthur P. Flores, 1867,
and Ramona Flores, 5976,
fka Ramona Martinez ,
fka Ramona Casas,
Debtor(s). 	Case No. 7-07-10046-SR
ORDER GRANTING WASHINGTON MUTUAL BANK, AS SUCCESSOR-IN-INTEREST TO
LONG BEACH MORTGAGE COMPANY BY OPERATION OF LAW
RELIEF FROM AUTOMATIC STAY REGARDING PROPERTY LOCATED AT 1102 S. 1ST
STREET, LOVINGTON
THIS MATTER having come before the Court on the Motion for Relief from Stay
Regarding Property located at 1102 S. 1st Street, Lovington, pursuant to 11 U.S.C. Section
362(d), filed by the Creditor Washington Mutual Bank, as successor-in-interest to Long Beach
Mortgage Company by operation of law on October 15, 2007; a Notice of Objection Deadline for
Motion for Relief from Automatic Stay and Motion for Relief from Stay Regarding Property
located at 1102 S. 1st Street, Lovington were transmitted to the Debtor(s), attorney for the
Debtor(s), and Trustee on October 15, 2007, the objection deadline was November 7, 2007 and
the time to file an objection to the Motion has passed, and no objection has been received from
the Debtor(s), attorney for the Debtor(s) or Trustee; the attorney for the Creditor, having certified
by her signature herein, that she has complied with the Soldiers and Sailors Civil Relief Act,
through receipt of a response from the Department of Defense Manpower Data Center, which
states that Arthur P. Flores and Ramona Flores are not members of the military service of the
United States nor her allies; and the Court having considered the Motion and finding that
Creditor is entitled to an Order terminating the automatic stay imposed by the filing of the
bankruptcy action, and being otherwise advised in the premise;
Case 07-10046-s7 Doc 47 Filed 11/13/07 Entered 11/13/07 13:18:02 Page 1 of 3
IT IS, THEREFORE, THE ORDER OF THIS COURT that the automatic stay
imposed by the filing of the above-entitled and numbered cause of action as the same pertains
to the Debtor(s) and to certain property located in the County of Lea, State of New Mexico, and
more particularly described as:
LOT SIX (6), BLOCK NINETY-TWO (92), GORE REDIVISION OF THE LLANO
ADDITION TO THE CITY OF LOVINGTON, LEA COUNTY, NEW MEXICO
and having an address of 1102 S. 1st Street, Lovington, New Mexico, is hereby modified, and
the Creditor, its successors, assigns and/or real party in interest, and any and all junior
lienholders are permitted to proceed with foreclosure action in the Judicial District Courts of the
State of New Mexico, including the transmittal of any default letter required by the loan
documents.
IT IS FURTHER THE ORDER OF THIS COURT that the failure of the Trustee to
object shall act as a disclaimer of interest in and to the real property which is the subject matter
of this action, but shall not be a disclaimer to excess proceeds, if any, resulting from the
foreclosure sale. The Creditor, its successors, assigns and/or real party of interest, shall not be
required to name the Trustee as a Defendant in its foreclosure action.
IT IS FURTHER THE ORDER OF THIS COURT that any deficiency owed by the
Debtor(s) to the Creditor, its successors, assigns and/or real party in interest, after foreclosure
sale shall be set forth in a Proof of Claim filed by the Creditor, its successors, assigns and/or
real party in interest, and shall be subject to the Bankruptcy Code should this bankruptcy
continue.
IT IS FURTHER THE ORDER OF THIS COURT that this Order shall retain its
effect and validity should this case be converted to a Chapter 13 proceeding, and Creditor shall
be able to foreclose its interests in the appropriate Court.
Case 07-10046-s7 Doc 47 Filed 11/13/07 Entered 11/13/07 13:18:02 Page 2 of 3
IT IS FURTHER THE ORDER OF THIS COURT that the ten (10) day stay
requirement of F.R.B.P. 4001(a)(3) is waived.
James S. Starzynski
U S BANKRUPTCY COURT JUDGE
SUBMITTED BY:
SUSAN C. LITTLE & ASSOCIATES, P.A.
By: KAREN H. BRADLEY S/Electronically Filed/ 11.08.07
Attorney for Creditor
4501 Indian School Road NE, Ste. 101
Albuquerque, New Mexico 87110
Post Office Box 3509
Albuquerque, New Mexico 87190-3509
(505) 254-7767 	Fax: (505) 254-4706
FOR INFORMATION PURPOSES ONLY:
Clarke Coll
Trustee
PO Box 550
Roswell, NM 88202-0550
Mike Gomez
Attorney for Debtor(s)
PO Box 2931
Roswell, NM 88202-2931
Arthur P Flores and Ramona Flores
Debtors
1102 South First
Lovington, NM 88260
Bankruptcy of Arthur P. Flores and Ramona Flores; USBC No.7-07-10046-SR; WAMU Loan No. 0695573147; P/A:
1102 S. 1st Street, Lovington, NM 88260
Case 07-10046-s7 Doc 47 Filed 11/13/07 Entered 11/13/07 13:18:02 Page 3 of 3

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