PROPOSED AGREED ORDER GRANTING RELIEF RTF by jolinmilioncherie

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									                     Case 08-10632-PGH         Doc 1270     Filed 04/26/10    Page 1 of 4




       ORDERED in the Southern District of Florida on April 26, 2010.



                                                                       Paul G. Hyman, Chief Judge
                                                                      United States Bankruptcy Court
_____________________________________________________________________________

                           IN THE UNITED STATES BANKRUPTCY COURT
                            FOR THE SOUTHERN DISTRICT OF FLORIDA
                                  WEST PALM BEACH DIVISION

        IN RE:

        First NLC Financial Services, LLC

           Debtor(s).
                                                        CASE NO. 08-10632-PGH
                                                        CHAPTER: 7

        __________________________________/

                            AGREED ORDER GRANTING
          DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN
          STANLEY HOME EQUITY LOAN TRUST 2005-1, MORTGAGE PASS-THROUGH
                            CERTIFICATES, SERIES 2005-1
                          MOTION FOR RELIEF FROM STAY

               THIS CAUSE came on for consideration pursuant to the Motion For Relief From Stay
        (Doc # 1220) filed by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE
        FOR MORGAN STANLEY HOME EQUITY LOAN TRUST 2005-1, MORTGAGE PASS-
        THROUGH CERTIFICATES, SERIES 2005-1, a secured creditor in the above-styled cause. On
        April 5, 2010, the Chapter 7 Trustee filed a Limited Response to the Motion for Relief (Doc #
        1233). Counsel for the Trustee and for the Movant have conferred and agree to the entry of this
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Order. The Court, having considered the Motion, the Trustee’s Response and the agreement of
counsel, finds it appropriate to grant the Motion for Relief without further notice or hearing.
Therefore, it is
        ORDERED as follows:
        1. The Motion for Relief From Stay filed by DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR MORGAN STANLEY HOME EQUITY LOAN TRUST
2005-1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-1 is granted.
        2. The automatic stay provided by 11 U.S.C. 362 is modified as to DEUTSCHE BANK
NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY HOME
EQUITY LOAN TRUST 2005-1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES
2005-1, its Successors and Assigns. Accordingly, the automatic stay is modified to permit the
Movant to commence and prosecute a mortgage foreclosure action in state court against real
property, the legal description of which is described below.


        LOT 4, BLOCK 65 OF WEITZER SERENA LAKES TOWNHOMES PHASE
        III, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
        BOOK 151 AT PAGE 12 OF THE PUBLIC RECORDS OF MIAMI-DADE
        COUNTY, FLORIDA.

        a/k/a 17770 SW 141ST CT, Miami, FL 33177.

        3. The Movant shall not be entitled to collect any attorneys’ fees or costs from the
Debtor’s bankruptcy estate.
        4. This Agreed Order is entered for the sole purpose of allowing DEUTSCHE BANK
NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY HOME
EQUITY LOAN TRUST 2005-1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES
2005-1, its Successors and/or Assigns, to commence, prosecute and complete through judgment,
sale, certificate of title and possession, a mortgage foreclosure against the property described
above. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN
STANLEY HOME EQUITY LOAN TRUST 2005-1, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-1, its Successors and/or Assigns, shall not seek or obtain an in
              Case 08-10632-PGH           Doc 1270       Filed 04/26/10      Page 3 of 4




personam judgment against the Debtor(s).

                                                   ###

Submitted by:
John C. Brock, Jr.
FLORIDA BAR NO. 0017516
Florida Default Law Group, P.L.
P.O. Box 25018
Tampa, Florida 33622-5018
Phone (813) 251-4766
Fax (813) 251-1541
Bankruptcybox@defaultlawfl.com

B10007629
The Movant is directed to serve copies of this order on the parties listed and file a certificate of
service with the Court.

First NLC Financial Services, LLC
4680 Conference Way South
Boca Raton, FL 33431

Arthur J. Spector, Esq., Esquire
350 E Las Olas Blvd #1000
Ft. Lauderdale, FL 33301

Deborah Menotte, Trustee
P. O. Box 211087
West Palm Beach, FL 33421

Heidi A Feinman
51 SW 1 Ave #1204
Miami, FL 33130

Jorge Bango
17770 SW 141ST CT
Miami, FL 33177
            Case 08-10632-PGH     Doc 1270   Filed 04/26/10   Page 4 of 4




Alvin S. Goldstein
2255 Glades Rd #337 W
Boca Raton, FL 33431

Joshua C. Prever
200 S. Biscayne Blvd #5300
Miami, FL 33131

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN
STANLEY HOME EQUITY LOAN TRUST 2005-1, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-1
10790 Rancho Bernardo Road
San Diego, CA 92127

John C. Brock, Jr.
Florida Default Law Group, P.L.
P.O. Box 25018
Tampa, Florida 33622-5018

								
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