United States of America v. Allen et al

Filing 48

CONSENT ORDER. Signed by Honorable Henry F Floyd on 7/15/2009. (fbos, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENWOOD DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) vs. ) ) Charles Lee Allen; Alberta B. ) Allen; Newberry Savings and ) Loan; J. P. Morgan Chase Bank ) as Trustee on behalf of the ) registered certificateholders of) GSAMP Trust 20004-SEA2, Mortgage) Pass-Through Certificates, ) Series 2004-SEA2; Bessie A. ) Chattman; Frank Allen; and ) Bobby Hiller and Lucy Hiller, ) ) Defendant(s). )

CONSENT ORDER C/A: 8:07-3631 HFF

THE PLAINTIFF moves for the dismissal without prejudice of the Complaint originally filed in this action against the above named defendants based on the parties having reached a settlement agreement. The agreement is as follows: 1. Defendant Charles Lee Allen shall make monthly payments of $421.00 per month beginning January 1, 2010, and on the first

day of each month thereafter until paid in full; 2. Defendant Charles Lee Allen shall make one payment of $5,000.00 on or before November 1, 2009; 3. The aforesaid payments shall be made to the Farm Service Agency-Saluda County, 201 East Church St., Saluda S.C. 29138; 1

4. The Plaintiff shall provide the Defendant with account statements at least yearly showing the application of payments to the loan and the remaining principal and interest. Now therefore it is; ORDERED: That the Complaint originally filed in this

civil action is hereby dismissed without prejudice. IT IS ALSO ORDERED: That the Clerk of Court of Common

Pleas for Newberry County, South Carolina is hereby authorized and directed to cancel the Lis Pendens which was filed and recorded in that office on December l7, 2007 in Book 07-LP36, at Page 248. IT IS FURTHER ORDERED, in light of the parties' settlement, that the previous foreclosure decree entered in this action is hereby VACATED. AND IT IS SO ORDERED. s/Henry F. Floyd UNITED STATES DISTRICT JUDGE Spartanburg, S. C. July 15, 2009

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WE SO MOVE: W. WALTER WILKINS UNITED STATES ATTORNEY By: s/George J. Conits George J. Conits, (I.D.#234) Assistant U. S. Attorney P.O. Box l0067 Greenville, S.C. 29603

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WITH THE CONSENT OF:

By: s/Andrew S. Radeker James C. Harrison, Jr. (I.D. 1745) Andrew S. Radeker (I.D. 10059) P.O. Box 50143 Columbia, S.C. 29250 Attorneys for Defendants Charles Lee Allen and Alberta B. Allen

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WITH THE CONSENT OF: RICHARDSON, PLOWDEN & ROBINSON, P.A. By: s/S. Nelson Weston, Jr._____________________________________ S. Nelson Weston, Jr. (I.D.#5210) Attorneys for Newberry Federal Savings Bank n/k/a First Community Bank P.O. Box 7788 Columbia, S.C. 29202

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WE CONSENT: KORN LAW FIRM, P.A. BY: s/H. Guyton Murrell H. Guyton Murrell Attorney for the Defendant J. P . Morgan Chase Bank P.O. Box l2369 Columbia, S.C. 29211-2369

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