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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND IN RE: VEITA MCCOY CLARK Debtor VEITA MCCOY CLARK Plaintiff v. GMAC MORTGAGE CORP., ET AL. Defendants * * * Civil No. JFM-02-1120 * * * * ******* * * * * * * * *

MEMORANDUM Debtor, Veita McCoy Clark, appeals from an order entered by the Bankruptcy Court granting summary judgment in favor of GMAC Mortgage Corporation. The effect of the Bankruptcy Court's order was to permit GMAC to foreclose on real property located at 6314 Ager Road, Hyattsville, Maryland, in which debtor resided with her husband.1 Mrs. Clark had no recorded interest in the subject property. When the Clarks sought to purchase the house and applied for financing, their joint application was rejected because of Mrs. Clark's poor credit history. Mr. Clark then applied on his own for financing, and his application was approved. Mrs. Clark contends that despite the fact that she is not a record owner of the property, she has a legally enforceable interest in it because she contributed to the mortgage payments out of her

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GMAC has filed a motion to strike additional issues. The motion is denied.

earnings and because she and her husband agreed that the property was their marital home, which they would jointly occupy. If Mrs. Clark does have a legally enforceable interest in the property, GMAC's foreclosure violates the automatic stay provision of 11 U.S.C.

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Maryland Law