Linda Sotelo and Jorge H Sotelo

IN THE UNITED STATES BANKRUPCTY COURT
FOR THE DISTRICT OF NEW MEXICO (ALBUQUERQUE)
IN RE:
Linda Sotelo and Jorge H Sotelo
Debtors 	Case No. 11-14968-j7
DEFAULT ORDER GRANTING RELIEF FROM STAY AND ABANDONMENT
(2513 Fairway Dr SE, Deming, NM 88030-7328)
This matter comes before the Court on the Motion for Relief from Stay
and Abandonment (“Motion”) filed on 5/15/2012, by Flagstar Bank, FSB (“Movant”).
The undersigned counsel for Movant certifies under penalty of perjury that
on 6/12/2012, McCarthy, Holthus & Levine accessed and conducted a search of the data
banks of the Department of Defense Manpower Data Center (DMDC), and found that the
DMDC does not possess any information indicating that Linda Sotelo and Jorge H Sotelo
is currently on active military duty of the United States of her allies.
The Court, having reviewed the record and considered the Motion, and
being sufficiently advised, FINDS: that the undersigned counsel for Movant represents
that (a) on 5/15/2012, Movant served the Motion and Notice (“Notice”) of the Motion by
United States first class mail in accordance with Bankruptcy Rule 7004, made applicable
to service of this Motion by Bankruptcy Rule 9014, on the Debtors, Linda Sotelo and
Jorge Sotelo, counsel of record for the Debtors, Oralia B Franco, case Trustee (the
“Trustee”), Philip J. Montoya, the US Trustee and all members of the mailing matrix, (b)
the Notice specified an objection deadline of twenty one days from the date of mailing of
the Notice, to which three days is added under Bankruptcy Rule 9006(f); (c) the notice
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given of the Motion was sufficient in form and content; (d) the objection deadline,
including three days added under Bankruptcy Rule 9006(f), expired on 6/8/2012, and the
undersigned counsel certifies that as of 6/12/2012, neither the Debtors, Linda Sotelo and
Jorge Sotelo, counsel of record for the Debtors, Oralia B Franco, case Trustee (the
“Trustee”), Philip J. Montoya, the US Trustee and all members of the mailing matrix
have filed an objection to the Motion; and (e) the Motion is well taken and should be
granted as provided herein. It is, therefore,
ORDERED:
1. 	Movant and any and all holders of any liens against the Property (defined
below), pursuant to 11 USC§362 (a); hereby are granted relief from the
automatic stay:
(a) 	To enforce their rights in the Property, including foreclosure of
liens, under the terms of any prepetition notes, mortgages, security
agreements 	and/or 	other 	prepetition 	agreements 	to 	which 	the
Debtors are a party by commencing or proceeding with appropriate
action against the Debtors and/or the Property in any court of
competent jurisdiction; and
(b) 	To exercise any other right or remedy available to Movant under
law or equity with respect to the Property.
2. 	The Property consists of:
Lot Fifty-four (54), Country Club Estates Replat No. 1, Amendment No. 1, in the City of
Deming, Luna County, New Mexico, as the same is shown and designated on Plat Slide
No. B-14, thereof filed for record in the Office of the County Clerk of said County on
January 9, 1998, Plat Records, Luna County.
Also known as 2513 Fairway Dr SE, Deming, NM 88030-7328.
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3. 	The automatic stay is not modified to permit any act to collect any amounts as
an individual liability of the Debtors. Movant may name the Debtors as
defendants in litigation to obtain an in rem judgment and exercise any right to
repossess the Property in accordance with applicable nonbankruptcy law.
4. 	The terms of this order do not waive Movant’s claim against the estate for any
deficiency owed by the Debtors to Movant after any foreclosure sale or other
disposition of the Property.
HONORABLE ROBERT H. JACOBVITZ
United States Bankruptcy Judge
Entered on docket: 6/15/2012
RESPECTFULLY SUBMITTED BY:
/s/ Matthew Silverman #24751
MCCARTHY HOLTHUS LEVINE
Matthew A. Silverman, NM Bar #24751
Attorney for Movant,
8502 E. Via de Ventura, Suite 200
Scottsdale, AZ 85258
(480) 302-4103
/s/ submitted by electronic mail M_EfileDate
matthew.silverman@azbar.org
Case 11-14968-j7 Doc 21 Filed 06/15/12 Entered 06/15/12 13:35:39 Page 3 of 4

DEBTORS COUNSEL
Oralia B Franco
2000 E Lohman Suite A-1
Las Cruces, NM 88001
francolawfirm@qwestoffice.net
DEBTORS
Linda Sotelo
PO Box 1306
Deming, NM 88031
Jorge H Sotelo
PO Box 1306
Deming, NM 88031
TRUSTEE
Philip J. Montoya
PO Box 159
Albuquerque, NM 87103
US TRUSTEE
PO Box 608
Albuquerque, NM 87103-608
ALL MEMBERS OF THE MAILING MATRIX
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