11
1 UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Chapter 11 Case No. 12-12020 Jointly Administered ___________________________________ ) In re Residential Capital, LLC, eta al., ) ) Debtor. , ) ) ___________________________________ WITHDRAWAL OF CLAIM NOW comes Maurice M. LoVuolo, creditor in the above captioned matter (“Creditor), who hereby withdraws claim filed in this Chapter 11 bankruptcy case (Exhibit A ) as Creditor has resolved his claims with Debtor in his individual Chapter 13 bankruptcy case #11-15227 (District of Massachusetts), via loan modification agreement (Exhibit B ). The agreement was approved by the Massachusetts Bankruptcy Court prior to dismissal of the Chapter 13 case which resolves the issues with Debtor’s affiliated entities: RESIDENTIAL FUNDING CO., LLC, and, GMAC MORTGAGE, LLC. Respectfully submitted, on behalf of Movant, Creditor Maurice M. LoVuolo /s/Jonathan D. Crowley ____________ Jonathan D. Crowley, Esq. (BBO#641357) 1955 Mass. Ave., Ste. 1 Cambridge, MA 02140 617/842-1744 [email protected] Dated: July 18, 2013 12-12020-mg Doc 4273 Filed 07/18/13 Entered 07/18/13 09:40:05 Main Document Pg 1 of 1

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Page 1: 12-12020-mg Doc 4273 Filed 07/18/13 Entered 07/18/13 09:40

1

UNITED STATES BANKRUPTCY COURT

FOR THE

SOUTHERN DISTRICT OF NEW YORK

Chapter 11 Case No. 12-12020

Jointly Administered

___________________________________

)

In re Residential Capital, LLC, eta al., )

)

Debtor. , )

)

___________________________________

WITHDRAWAL OF CLAIM

NOW comes Maurice M. LoVuolo, creditor in the above captioned matter (“Creditor”),

who hereby withdraws claim filed in this Chapter 11 bankruptcy case (Exhibit A) as Creditor has

resolved his claims with Debtor in his individual Chapter 13 bankruptcy case #11-15227

(District of Massachusetts), via loan modification agreement (Exhibit B). The agreement was

approved by the Massachusetts Bankruptcy Court prior to dismissal of the Chapter 13 case which

resolves the issues with Debtor’s affiliated entities: RESIDENTIAL FUNDING CO., LLC, and,

GMAC MORTGAGE, LLC.

Respectfully submitted, on behalf of Movant,

Creditor Maurice M. LoVuolo

/s/Jonathan D. Crowley____________

Jonathan D. Crowley, Esq. (BBO#641357)

1955 Mass. Ave., Ste. 1

Cambridge, MA 02140

617/842-1744 [email protected]

Dated: July 18, 2013

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¨1¤544-'2 "D«
1212020130718000000000002
Docket #4273 Date Filed: 7/18/2013
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~~.>B 10 (Official Form 10)(12111)

Case Number:

("J Check this box if you arc aware thatanyone else has filed a proof of claimrelating to this claim. Attach copy ofstatement giving particulars.

Southern District of New YorkUNITED STATES BANKRUPTCY COURT PROOF OF CLAIM

1;)-/~olo

NOTE: Do not use this form to make a claim for an administrative expense that arises after the bankruptcy filing. Yaumay file a request for payment of an administrative expense according to // u.s.e. §503.

Name of Creditor (the person or other entity to whom the debtor owes money or property):

MtA.vriu, 1"1, i: c/vtt-Cu COURT USE ONLYn Check this box if this claim amends apreviously filed claim.

Court Claim Number: -r-r-r-

(lfknown)Telephone number:

Filed on:Name and address where payment should be sent (if different from above):

Telephone number: emai1:

1. Amount ofClairn as of Date Case Filed: $ Y5S-.lJ)-nJ-rJ

If all or part of the 'claim is secured, complete item 4.

Ifall or part of the claim is entitled to priority, complete item 5.

OCheck this box if the claim includes interest or other charges in addition to the principal amount of the claim. Attacha-statement that itemizes ir..erest or charges.

2. BaSisforClaim:Ct'i'1'h'.-,~- sic:tk t fCliA..t.rrJ ~l~~ e (auJj

eyVi it. T .s"fDl.:f~fr:..(See instruction #2) y{' '. ~ .Y'"t~l1~ / ~r e.C- fc.. ~ £./ r<-'! ~ 7~ iJJJ VIwi i ~1.. II-tvii (l..k 1'1/-

v

3a. Debtor may have scheduled account as: 3b. Uniform Claim Identifier (optional):3. Last four digits of any numberby which creditor identifies debtor:

'1~1tJ ,,-----------------------(See instruction #3b) ,(See instruction #3a)Amount of arrearage and other charges, l)S of the time case was filed.included in secured claim, if any: .4. Secured Claim (See instruction #4)

Check the appropriate box if the claim is secured by a lien on property or a right ofsetoff. attach required redacted documents, and provide the requested information. $-------

Nature of property or right of setoff: (1Real Estate o Motor Vehicle ClOtherDescribe:

Basis for perfection: _

Amount of Secured -Claim: $-------Value of Property: $ _

Amount Unsecured: $._-----Annual Interest Rate % OFixed or OVariable(when case was filed)

5. Amount of Claim Entitled to Priority under J J .u.S.c. § 507 (a). If any part of the claim falls into .one of the following categories, check the box specifyingthe priority and state tbe amount. r.

o Domestic support obligationsunder 11US.c. § 507 (a)(IXA) or (a)(I)(B).

o Wages, salaries, or commissions (up to $11,725*)earned within 180 days before the case was filed or the

. debtor's business ceased, whichever is earlier-II U.S.G. § 507 (a)(4).

o Contributions to anemployee benefit plan -J I U.S.C. § 507 (a)(5).

Amount entttled to priority:

o Taxes or penalties owed to governmental units -11~1J.S.C.§ 507 (a)(8). !

o Other- Specifyapplicable paragraph of11 U.S.C. § 507 (aU.

$---------o Up to $2,600* of deposits towardpurchase, lease, or rental of property orservices for personal, family, or householduse - II U.S.c. § 507 (a)(7) .

•Amounts are subject to adjustment on 4111/3 and every 3years thereafter with r:specr to cases commenced on or after the date of adjustment.

6. Credits. The amount of all payments on this claim has been credited for the purpose of making this proof of claim. (See instruction #6)

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fficial Form 10)( 12111)

jJocuments: Attached are redacted copies of any documents that support the claim, such as promissory notes, purchase orders, invoices, itemized statements ofnning accounts, contracts, judgments, mortgages, and security agreements. If the claim is secured, box 4 has been completed, and redacted copies of documents

.roviding evidence of perfection of a security inte~est are attached. (See instruction #7, and the definition of "redacted"}

If the documents are not available, please explain:

DO NOT SEND ORIGINAL DOCUM~NTS. ATIACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.

8. Signature: (See instruction #8)

Check the appropriate box.

vii am the creditor. 0 I am the creditor's authorized agent.~ (Attach copy ofpowerofattomey, ifany.)

o I am the trustee, or the debtor,or their authorized agent.(See Bankruptcy Rule 3004.)

o I am a guarantor, surety, indorser, or other codebtor.(See Bankruptcy Rule 3005.)

I declare under penalty of perjury that the information provided in this claim is true and correct to the best of my knowledge, information, and reasonable belief.

~::~:Name: Mtw6 c:L M. Lb Vvd-o d~ < . I' .,---: Y1 / r!Company .J<- ~ , •••••••• ,. &- ~(~ --.£1 ( L!.!-Address and telephone number (if different from notice address above): gnature) (Date)

TeleDhonenumber: l'nl- 3 '61"-67);$ email C \ ovvc1o e:; Ve..r i1.6.1'). ~\Penalty for presenting fraudulent claim: Fine of up to $500,000 or irnpnsonment for up to 5 years, or both. 18 U.S.c. §§ 1:'2 and 3571

INSTRUCfIONS FOR PROOF OF CLAIM FORMThe instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor,

exceptions to these general roles nury apply.Items to be comnleted in Proof of Claim form

Court, Name of Debtor, and Case Number:Fill in the federal judicial district in which the bankruptcy case was filed (forexample, Central District of California), the debtor's full name, and the casenumber. If the creditor received a notice of the case from the bankruptcy court,all of this information is at the top of the notice.

Creditor's Name and Address:Fill in the name of the person or entity asserting a claim and the name andaddress of the person who should receive notices issued during the bankruptcycase. A separate space is provided for the payment address if it differs from thenotice address. The creditor has a continuing obligation to keep the courtinformed of its current address. See Federal Rule of Bankruptcy Procedure(FRBP) 2002(g).

1. Amount of Claim as of Date Case Filed:State the total amount owed to the creditor on the date of the bankruptcy filing.Follow the instructions concerning whether to complete items 4 and 5. Checkthe box if interest or other charges are included in the claim.

2. Basis for Claim:State the type of debt or how it was incurred. Examples include goods sold,money loaned, services performed, personal injury/wrongful death, car loan,mortgage note, and credit card. If the claim is based on delivering health caregoods or services, limit the disclosure of the goods or services so as to avoidembarrassment or the disclosure of confidential health care information. Youmay be required to provide additional disclosure if an interested party objects tothe claim.

3_ Last Four Digits of Any umber by Which Creditor Identifies Debtor:State only the last four digits of the debtor's account or other number used by thecreditor to identify the debtor.

3a. Debtor May Have Scheduled Account As:Report a change in the creditor's name, a transferred claim, or any otherinformation that clarifies a difference between this proof of claim and the claimas scheduled by the debtor.

3b. Uniform Claim Identifier:If you use a uniform claim identifier, you may report it here. A uniform claimidentifier is an optional 24-character identifier that certain large creditors use tofacilitate electronic payment in chapter 13 cases.

4. Secured Claim:Check whether the claim is fully or partially secured. Skip this section if the elairnis entirely unsecured. (See Defmitions.) If the claim is secured, check the box forthe nature and value of property that secures the claim, attach copies of liendocumentation, and state, as of the date of the bankruptcy fiIing, the annual interestrate (and whether it is fixed or variable), and the amount past due on the claim.

5. Amount of Claim Entitled to Priority Under 11 U.S_c. § 507 (a),If any portion of the claim falls into any category shown; check the appropriatebox(es) and state the amount entitled to ('riority. (See Definitions.) A claim maybe partly priority. and partly non-priority. For example, in some of the categories,the law limits the amount entitled to priority.

6. Credits:An authorized signature on this proof of claim serves as an acknowledgment thatwhen calculating the amount ofthe claim, the creditor gave the debtor credit forany payments received toward the debt. .

7. Documents: ,Attach redacted copies of any documents that show the debt exists and a liensecures the debt. You must·also attach copies of documents that evidence perfectionof any security interest. You may alsoattach a summary in addition to the

. documents themselves. FRBP 3001(c) and (d). If the claim is based on deliveringhealth care goods or services, limit disclosing confidential health care information.Do not send original documents, as attachments may be destroyed after scanning.

8. Date and Signature:The individual completing this proof of claim must sign and date it. FRBP 90 II.If the claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establishlocal rules specifying what constitutes a signature. If you sign this form, youdeclare under penalty of perjury that the information provided is true and correct tothe best of your knowledge, information, and reasonable belief. Your signature isalso a certification that the claim meets the requirements of FilliP 9011 (b).Whether the claim is filed electronically or in person, if your name is on thesignature line, you are responsible for the declaration. Print the name and title, ifany, of the creditor or other person authorized to file this claim. State the filer'saddress and telephone number if it differs from the address given on the top of theform for purposes of receiving notices. If the claim is filed by an authorized agent,attach a complete copy of any power of attorney, and provide both the name of theindividual filing the claim and the name of the agent. If the authorized agent is aservicer, identify the corporate servicer as the company. Criminal penalties applyfor making a false statement on a proof of claim.

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-Investor Loan ff: 9725374Custodian [D: RK IThis document WQlI prepared byOcwen Loan Servicing, LtC

,\(tl!r RI;!~()rdin~Return 'fn:Ocwen Loan Servicing, LLCAttention: Loss Mitigation3700 J Street SWSuite 555Cedar Rapids, IA 52404

________ [$pace Above This I.ine For Recording Oata] 1y 3q J 74C:;<)O

NON...HAMPLOANMoDIFICATION AGREEMENT

Loan Modification Agreement ("Agreement") made this 3/1120 13 C'Gflcctivc Date") between MAURtC ELOVUOLO ("Borrower") and Ocwen Loan Servicing, LLC, Lender/Scrviccr or Agent forLender/Servlcer ("Lender") amendsand supplements that certain promissory note ("NotoH

) dated3/2$/2005 in lh<::original principal sumof Two Hundred Eighty Thousand Dollars and No Cents($280,000.00) executed by Borrower. The Note is secured by a Mortgage. Deed of Trust, 01' Deed toSecure Debt (th(.lI'Security Instrument"), dated the same date as the Note. and if applicable, recorded on4nt2005 with Instrument Number 699115 in 600 and/or Page Number 158 of'thc real property records ofSUFFOLK, MA. Said Security Instrument covers the real and personal property described in suchSecurity Instrument (the "Property") located at 78 WALNUT STREET HYDE I'ARK. MA 04f 36, whichreal property is more particularly described as follows:

( Legal Description if Applicable for Recording Only)

Borrower acknowledges that "Lender" is the legal holder and the owner, or agent/servicer for th¢ legalholder and owner, of'thc Note and Security Instrument and further acknowledges that if "Lender"transfers the Note. its amended by this Agreement, the transferee shall be the "Lender" <1S defined in thisAgrcemeut,

Borrower has requested. and Lender has agreed, to extend or rearrange the time and manner of paymentof the Note and to extend and carry forward the Ii~n(s) on the Property whether or not created by theSecurity Instrument.

Now. therefore, in consideration of the mutual promises and agreements contained herein, and other goodand valuable consideration, the receipt and sufficiency of which are hereby acknowledged. and intendingto be legally bound, the parties hereto agree as follows (notwithstanding anything to the contrarycontained in the Note or Security Instrument):

I. Borrower acknowledges that as of the Effective Date, the amount payable under the Note andSecurity Instrument (New Principal Balance) is $136.000.00'.

2. If through a previous modification(s) there was principal deferment. Borrower's previouslydeferred prlrtcipal in the amount of $0.00 is being Forgiven. In addition, there may be new principal

AGBIC

1/2325602.2

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forgiveness in the amount ofS151, 120.58. The total principal forgiveness is $151,120.58.Forgiveness of Principal may have tax consequences and Borrower should consult: Borrower's taxadvisor.

3. This New Principal Balance, along with any other amount outstanding, wilt be due when the Termof Borrower's loan expires (the Maturity Dale), or when Borrower pays off Borrower's loan at thetime when Borrower sells or transfers any interest in Borrower's home, refinances the loan, orwhen the last scheduled payment ls due. "Lender' will be under 1)0 obligation to refinanceBorrower's loan.

4. The Maturity Date is 3/1.I2Q53.

5. Borrower hereby renews and extends such indebtedness and premises to pay jointly and severallyto the order of Lender the Principal Balance, consisting of the amount(s) loaned to Borrower byLender and any accrued but unpaid interest capitalized to date as applicable. along with any otheramounts that may come due under the terms of the original Note and Security Instrument

6. Interest will be charged on the unpaid, non-deferred, "New Principal Balance" until the non-deferred principal has been paid. in full. Borrower promises to pay interest at the rate of 2. 750%from 3/1/2013 until Borrower payoff Borrower's 103n at the time when Borrower sell or transferany interest in Borrower's home, refinance the loan. or when the lust scheduled payment hi due. trStep Rate: The rate of interest Borrower pay will change based upon Payment Schedule below.

7. Borrower promises to make monthly principal and interest payments of $467.46, beginning on41112013, and continuing thereafter on the same day of each succeedlag month, according (0 thePayment Schedule below unti! all principal and interest is paid in full. Borrower will make suchpayments ut 3451 Hammond Avenue. Waterloo, Iowa, 50702 or at such other place as Lender mayrequire. The amounts indicated in this paragrapb do not include any required escrow payments toritems such as hozotd insurance Of properly taxes: if such escrow payments arc required themonthly payments will be higher and may change as the amounts required for escrow itemschange.

8. The "Lemler" will be under no obligation to refinance Borrower's loan.

9. Lender will collect and record personal Information. including. but not limited to, borrower's name,address. telephone number, social security number. credit score, income, payment history,government monitoring information, and information about account balances and activity.Borrower understands and consents to the disclosure of personal information and this Agreementby Lender to (i) the U.S. Department of the Treasury, (if) Fannie Mae and Freddie Mac inconnection with their responsibilities under the Home At'tordabiHty and Stability Plan; (iii) anyinvestor, insurer. guarantor or servicer that owns, insures, guarantees or services my first lien orsubordinate lien (if applicable) mortgage loarus); (iv) companies thul perform support servicestor purpcees Similar to the Home Affordable Modification Program and the Second LienModification Progrem; and (v) any HUD certlfied housing counselor.

10. If on 3/1/2053 (the "Maturity Date"), Borrower still owes any amounts under the Note andSecurity Instrument. including any "Deferred Principal Balance" as provided for in thisAgreement, Borrower will pay these amounts in full on that date.

11. T.f"Lcndcr" has not received the full amount of any monthly paymea! within the grace periodprovided for in the original Note or as otherwise provided for by law, Borrower will pay -a.late

AGgIe

112325602.2

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payment fee to "Lender" in an amount calculated based on the late charge percentage provided forin the original Note, or as otherwise provided tor by law. and the monthly payment required underthis Agreement, with a maximum as provided for in the Note, or otherwise provided by law.Borrower will pay this late charge promptly, but only once on each late payment. The lute charge isnot in lieu of any other remedy of Lender. including any default remedy,

12. It is the intention of tho parties that all liens and security interests described in the SecurityInstrument are hereby renewed and extended (if the M~turity Date ofthe original Note has beenchanged) until the indebtedness evidenced by the Note and this Agreement has been fully paid.Lender and Borrower acknowledge and agree that such renewal, amendment, modification.rearrangement or extension (if applicable) shall in no manner affect or impair the Note or liens andsecurity interests securing same, the purpose of this Agreement being simply to modify, amend,rearrange, or extend (if applicable) the time and the manner of payment of the Noteandindebtedness evidenced thereby, and to carry forward all liens and security interests securing theNote. which are expressly acknowledged by Borrower to be valid and subsisting. and in full Forceand effect so as to fully secure the payment ofthe Note.

13. If all or any part of the Property or any interest in it is sold or transferred (or if Borrower is not anatural person and a beneficial interest in Borrower is sold or transferred) without Lender's priorwritten consent. Lender mDY,at its option. require: immediate payment in full of nil sums securedby the Security lnstrumcnt. However, this option shan not be exercised by Lender if such exerciseis prohibited by applicable law. If' Lend.t:r exercises this option. tender shall give Borrower noticeof acceleration. The notice shall provide a period of nOLless than 30 days from the date tho noticeisdellvercd or mailed within which Borrower must pay all sums secured by rhls SecurityInstrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender mayinvoke any remedies permitted by the Security Instrument without further notice or demand onBorrower. For purposes of'this paragraph. "interest in the Property" means any legal or beneficialinterest in the Property, including, but not limited to. those beneficial interests transferred in a bondfor deed, contract for deed, installment sales contract or escrow agreement, the intent of which istransfer of title by Borrower at a future date to a purchaser.

l4. As amended hereby, the provisions of the Note and Security Instrument shall continue in full forceand effect. and the Borrower acknowledges and reaffirms Borrower's liability to Lender. In theevent of any inconsistency between this Agreement and the terms of'tlie Note and Security1l1stnllnent, this Agreementshall govern. Nothing in this Agreement shall he understood 01'construed to be a satisfaction or release in whole 01' in part of the Note and Security Instrument.Ex.cept as otherwlse specifically provided in this Agreement, the Note and Security Instrument willremain unchanged.and Borrower and Lender will be bound by, and comply with, all of the termsand provisions thereof, as amended by this Agreement, including bu; not limited to. In the case ofthe Borrower, the obligation to pay items such as taxes, insurance premiums or escrow Items, asapplicab le. Any default by Borrower in the performance of its obligations hereincontained shallconstitute a default under the Note and Security Instrument, and shall allow Lender to exercise allof its remedies set forth in said Security Instrument.

15. Lender does not, by its execution of this Agreement, waive any rights it may have against anyperson not a party hereto. This Agreement may be executed in multiple counterparts, each of whichshall constitute an original instrument, but all of which shall constitute one and the sameAgreement.

AGBIC

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-EACH OF THE BORROWER AND THE LENDER ACKNOWLEDGE THAT NOREPRESENTATIONS, AGREEMENTS OR PROMISES WERE MADE BY THE OTHERPARTY OR ANY OF ITS REPRESENTATIVES OTHER THAN THOSEREPRESENTATIONS. AGR.EEMENTS OR PROMISES SPECIF[CALLY CONTAlNEDHEREIN, THIS AGRE8MENT. AND THE NOTE AND SECORfty iNSTRUMENT (ASAMENDED HER.EBY) SETS FORTH THE ENTIRE UNDERSTANOlNG BETWEEN'l'HEPARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN 'I'HE PARTIES.

AGB1e

112325602.2

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.--:late

Date

Date

BORROWER ACKNOWLEOGMENT

Swt(;l of M-tsta: '"' II'!.! ~County of eu Ie (.J.lOn this £t~dayof Ml:.yd1. ; ;011 . before me, the undersigned, a Notary Public in and for said countyand state, personally appeared MAUR1CE LOVUOLO, personally known to me or identH1cd to mysatisfaction to be the personis) who executed the within instrument, and they duly acknowledged that saidinstrument is their act anddeed, and that they, being au.thorized to do so, executed and delivered saidinstrument for the purposes therein contained.

Notary Public IJj I 1//J. 71--My Commission Expires: / 'l/ ..•.{Y...-A? . );U;.

AGaie

1/2325602.2

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Title: --~~--~--~----------Authorized Officer

3]dql_13_Date:

LENDER ACKNOWLEDGMENT

SUltc of IO\tAtJCounty of r::;,:..<~IV\::,c.V\-l.... _

On thifJ{day offOa. r .~bcforc n::,thc ~n~ncd, a Norory PUb. lie ill and for said countyand state, personally appeared ~ l~ ~ ,personally kno 1 to me or~!!fiCd to!'Y satisfaction to be the person who executed the within instrument as ..~\te-~ of'Oowen Loan Scrvicin,g. LLC. said instrument 15the act ccd of'se dentity. and th:tt they. being authorized to do so, executed and delivered said instrument for the purposestherein contained.

Witness my hand and official scat,

My Commission ExpY"'~: ;;::=+::::;;:;~;::;;:=;:;;;::;:;-,~ , 1:. KERtA.t~ CQ.~mcico'lon ~vm~bormm.l;Sl "1 mm,'n/Q, it.J 11'H ~ OQIOl>~120,

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Ident1t1er:1439114590 Doc Type :LMOD

Investor Luau ff 9725374Custodinu ID: RKIThis document was prepared by Ocwcn Loan Servicing. LLC

After Recording Rclurtt To:Ocwen Loan Servicing, LLCAttention: Loss ~..litigation3700.T Street SWSuite 555Cedar Rapids, IA 52404

oct COpy of the Orl1i1rt!1·\\tlitl for racordallon•

_________ ,[Space Above This line For Recording Data] 1<-1 3q 17l..fS:CjO

NON-RAMP LOAN MODIFICATION AGREEMENT

Loan Modification Agreement ("Agreement") made this 3/1/2013 ("Effective Date") between MAURICELOVUOLO ("Borrower") and Ocwen Loan Servicing, LLC. Lender/Servicer or Agent forLender/Servicer ("Lende,") amends and supplements that certain promissory note ("Note") dated3/25/2005 in the original principal sum of Two Hundred Eighty Thousand Dollars and No Cents($280,000.00) executed by Borrower. The Note is secured by a Mortgage, Deed of Trust, or Deed toSecure Debt (the "Security Instrument"), dated the same date as the Note, and if applicable, recorded on417/2005 with Instrument Number 699115 in 600 and/or Page Number 158 of the real property records ofSUFFOLK, MA. Said Security Instrument covers tbe real and personal property described in suchSecurity Instrument (the "Property") located at 78 WAI:;N'tt-l"STREET(HYOE PARK, MA 02136, whichreal property is more particularly described as follows:

( Legal Description if Applicable for Recording Only)

Borrower acknowledges that "Lender" is the legal holder and the owner, or agent/servicer for the Icgalholder and owner, of the Note and Security instrument and further acknowledges that if "Lender"transfers the Note, as amended by this Agreement, the transferee shall be the "Lender" as defined in thisAgreement.

Borrower has requested, and Lender has agreed, to extend or rearrange the time and manner of paymentof the Note and to extend and carry forward the lien(s) on the Property whether or not created by theSecurity Instrument.

Now. therefore. in consideration of the mutual promises and agreements contained herein, and other goodand valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intendingto be legally bound, the parties hereto agree as follows (notwithstanding anything to the contrarycontained in the Note or Security Instrument):

I. Borrower acknowledges that as or the Effective Date, the amount payable under the Note andSecurity Instrument (New Principal Balance) is $136,000.00.

2. If through a previous modification(s) there was principal deferment. Borrower's previouslydeferred principal in the amount of SO.OO is being forgiven. In addition, there may be new principal

AGI3IC

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Ident~fier:?439~?4590 DOC Type:LMOD

Title: _.!A.!:l:!:ll:!.!h~or!.-'i",zc::::·d:..O=ffj~lc::::e7-r_

JIdOle--L3_Date:

LENDER ACKNOWLEDGMENT

State of IO'f ApCounty of \J.>L:...!.Ir\..::I\-'- _

On thiS1. day of fDa.( .8Jl3,before me, ·the undersigned, a Notary Public in and for said countyand state, personally appeared 1J;<?fr: bL..±b •~ , personally kn~to me ori~'}'~!~ to ,9"Y satisfaction to be the person who executed the within instrument as~LL of Ocwen Loan Servicing, LLC, said instrument is the act eed of s dentity, and that they, being authorized to do SO~executed and delivered said instrument for the purposestherein contained.

Witness my hand and official seal.

N~~f'v'\ ~,My Commission EXPf' ~iii==f""ia:;;:ni'iii;;;:;;~""~... ~'vc .,. ucvKERi"--Jj.\ Commi"IOnNV~743553

~ Mv CommIssio~~v~IOW~ Ot!oOer 20, ~

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12-12020-mg Doc 4273-3 Filed 07/18/13 Entered 07/18/13 09:40:05 Exhibit Pg 2 of 2