Free Motion for Miscellaneous Relief - District Court of California - California

Case 3:08-cv-01134-L-LSP

Document 30

Filed 08/25/2008

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1 EDWARD D. VOGEL, Cal. Bar No. 110081 [email protected] 2 J. BARRETT MARUM, Cal. Bar No. 228628 [email protected] 3 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership 4 Including Professional Corporations 501 West Broadway, 19th Floor 5 San Diego, California 92101-3598 Telephone: 619-338-6500 6 Facsimile: 619-234-3815 7 Attorneys for Defendants AMERICA'S SERVICING COMPANY 8 and U.S. BANK, N.A. as trustee for CREDIT SUISSE FIRST BOSTON HEAT-2005-2 9 10 11 12 13 14 RICHARD A. CONNORS, an individual, 15 16 v. Plaintiff, Case No. 08 CV 1134 L LSP JOINT MOTION OF AMERICA'S SERVICING COMPANY, U.S. BANK, N.A., AND RICHARD A. CONNORS RE FORECLOSURE SALE AND PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

17 HOME LOAN CORP. dba EXPANDED MORTGAGE CREDIT, a Texas Corp., 18 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS (MERS) a 19 Delaware Corp., U.S. BANK NATIONAL ASSOCIATION, as trustee for CREDIT 20 SUISSE FIRST BOSTON HEAT-2005-2, AMERICA'S SERVICING COMPANY, CAL 21 WESTERN RECONVEYANCE CORP., a California Corporation., 22 Defendants. 23 24 25 26 27 28
W02-WEST:8JBM1\401001357.1 Case No. 08 CV 1134 L LSP

The Hon. M. James Lorenz Date: Time: Crtrm.: 9:30 a.m. 14

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JOINT MOTION

Case 3:08-cv-01134-L-LSP

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Filed 08/25/2008

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TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: Plaintiff Richard A. Connors ("Connors") and Defendants America's Servicing

3 Company ("ASC") and U.S. Bank, N.A. as trustee for Credit Suisse First Boston Heat-2005-2 4 ("U.S. Bank") hereby file this Joint Motion regarding the foreclosure sale on the real property 5 located at 402 Paseo del Norte, Escondido, California (the "Property") and Connors' motion for a 6 preliminary injunction to bar that foreclosure sale. The parties respectfully request that the Court 7 approve their Joint Motion and enter an order on the following terms: 8 1. Based on the parties' agreement as set forth in this Joint Motion, Plaintiff's

9 motion for a preliminary injunction (Doc. No. 9) is DENIED AS MOOT. 10 2. Connors shall make a good faith payment to ASC in the amount of $10,000

11 by no later than August 27, 2008 at 9:00 a.m., such payment to be applied to reduce the balance 12 of Connors' past-due obligations (which ASC's counsel has estimated to be approximately 13 $40,000). Payment shall be made by cashier's check made out to ASC and delivered to ASC's 14 counsel. Acceptance of this partial payment by ASC does not constitute reinstatement of the loan, 15 does not waive Connors default and shall not preclude ASC from proceeding with the scheduled 16 foreclosure sale on or after September 16, 2008 as set forth in paragraph 5. 17 3. Provided that Connors makes the good faith payment set forth in paragraph

18 2, then the parties shall appear on August 27, 2008 at 9:00 a.m. before the Honorable Leo S. 19 Papas, United States Magistrate Judge, for a settlement conference. 20 4. Plaintiff shall resume making monthly mortgage payments to ASC on

21 September 1, 2008 in the amount of his monthly payments as of December 1, 2007. 22 5. ASC and U.S. Bank will voluntarily continue the foreclosure sale of the

23 Property, which is presently scheduled for August 26, 2008, to a date in September which is on or 24 after September 16, 2008. 25 26 27 28
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JOINT MOTION

Case 3:08-cv-01134-L-LSP

Document 30

Filed 08/25/2008

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1 Dated: August 25, 2008 2 3 4 5 6 7 8 9 Dated: August 25, 2008 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
W02-WEST:8JBM1\401001357.1 Case No. 08 CV 1134 L LSP

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

By

/s/ J. Barrett Marum Edward D. Vogel J. Barrett Marum Attorneys for America's Servicing Company and U.S. Bank, N.A.

JANIS L. TURNER ALC

By

/s/ Janis L. Turner Janis L. Turner Attorney for Richard A. Connors

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JOINT MOTION