Mark B. Rasmusson

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF NEW MEXICO
IN RE:
Mark B. Rasmusson, 6578,
aka Mark Benjamin Rasmusson,
Debtor(s). 	Case No. 7 06-12060 MA
ORDER GRANTING WELLS FARGO BANK, N.A.
RELIEF FROM AUTOMATIC STAY REGARDING PROPERTY LOCATED AT 21 LA SOMBRA
DR SE, LOS LUNAS
THIS MATTER having come before the Court on the Motion for Relief from Stay
Regarding Property located at 21 La Sombra Dr SE, Los Lunas, pursuant to 11 U.S.C. Section
362(d), filed by the Creditor Wells Fargo Bank, N.A. on November 21, 2007; a Notice of
Objection Deadline for Motion for Relief from Automatic Stay and Motion for Relief from Stay
Regarding Property located at 21 La Sombra Dr SE, Los Lunas were transmitted to the
Debtor(s), attorney for the Debtor(s), and Trustee on November 21, 2007, the objection deadline
was December 14, 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 Mark B. Rasmusson is not a member 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;
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 Valencia, State of New Mexico,
and more particularly described as:
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Lot Numbered Seven (7), of La Sombra Subdivision, a subdivision in Valencia
County, New Mexico, as the same is shown and designated on said plat filed
with the Valencia County Clerk on June 18, 1979, in Cabinet C, folio 24
and having an address of 21 La Sombra Dr SE, Los Lunas, 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.
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.
______________________________
Mark B. McFeeley
U S BANKRUPTCY COURT JUDGE
SUBMITTED BY:
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SUSAN C. LITTLE & ASSOCIATES, P.A.
By: S/electronically submitted/ 12.21.07
Karen H. Bradley
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:
Michael J. Caplan
Trustee
827 East Santa Fe Ave.
Grants, NM 87020
William P. Gordon
Attorney for Debtor(s)
2501 Yale Blvd SE, Ste. 204
Albuquerque, NM 87106-4357
Mark B. Rasmusson
Debtor
21 La Sombra Dr SE
Los Lunas, NM 87031
Bankruptcy of Mark B. Rasmusson; USBC No. 7 06-12060 MA; Wells Fargo Loan no. 0143035038; P/A: 21 La
Sombra Dr. SE Los Lunas, NM 87031
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