Gray v. Central Mortgage Company et al

Filing 28

STIPULATION AND ORDER RE: 27 . Signed by Judge Richard Seeborg on 5/24/10. (cl, COURT STAFF) (Filed on 5/24/2010)

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*E-Filed 5/24/10* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RAYMOND E. WILLIS, ESQ. (Ca Bar # 117337) Law Offices of Raymond E. Willis P.O. Box 70214 Oakland, CA 94612 Telephone: (510) 451-1113 Fax: (510) 451-1472 Attorneys for Plaintiff Dorian W. Gray UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA DORIAN W. GRAY, ) Case No.: C10-00483 RS ) Plaintiff, ) STIPULATION ) v. ) ) CENTRAL MORTGAGE COMPANY ) dba CENTRAL MORTGAGE LOAN ) SERVICING COMPANY, MORTGAGE ) ELECTRONIC REGISTRATION SYS) TEMS, INC., PATRIOT FINANCIAL ) CORPORATION, MTC FINANCIAL INC. ) dba TRUSTEE CORPS, and ALVIN ) BROWN, ) ) Defendants. ) _______________________________________) Plaintiff, DORIAN W. GRAY, by and through his attorney of record, and Defendants, CENTRAL MORTGAGE COMPANY and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., by and through their attorneys of record, hereby stipulate, subject to the approval of the Court, to the following: 1. Plaintiff filed this action on or about February 3, 2010. 2. There was set for April 3, 2010, a trustee's sale of the real property that is the subject of this action, to wit: 5753 Oakmont Drive, Richmond, California. 3. By separate stipulation, Plaintiff and Defendants requested that the Court STIPULATION - Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 approve the agreement of the parties and set aside the Clerk's Default of Central Mortgage Company and permit Defendant Central Mortgage Company to file a response to the complaint of Plaintiff herein. 4. In consideration of Plaintiff's agreement to set aside the Clerk's Default of Central Mortgage Company, Defendants stipulate and agree not to take any further action with respect to the trustee's sale of the real property that is the subject of this action, to wit: 5753 Oakmont Drive, Richmond, California, until July 8, 2010. 5. Plaintiff and Defendants hereby respectfully request that the Court approve this stipulation. Dated: 5/20/2010 MALCOLM + CISNEROS By: /s/ WILLIAM G. MALCOLM WILLIAM G. MALCOLM Attorneys for CENTRAL MORTGAGE COMPANY and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Dated: LAW OFFICES OF RAYMOND E. WILLIS By: /s/ RAYMOND E. WILLIS RAYMOND E. WILLIS Attorney for DORIAN GRAY ORDER Pursuant to stipulation, IT IS SO ORDERED. Dated: May 24, 2010 HONORABLE RICHARD SEEBORG United States District Judge STIPULATION - Page 2

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