Filed: Feb. 13, 2020
Latest Update: Feb. 13, 2020
Summary: JUDGMENT OF FORECLOSURE AND ORDER OF SALE NANCY TORRESEN , District Judge . This matter came before the Court for a testimonial hearing on the Plaintiff's Motion for Default Judgment on November 12, 2019. In a separate Order, I granted that motion and, pursuant to the Plaintiff's request at the hearing, dismissed Counts II-V. Order on Plaintiff's Motion for Default Judgment and Motion to Seal (ECF No. 36). JUDGMENT on Count I (Foreclosure) is ENTERED as follows: 1. If Defendant Karen E
Summary: JUDGMENT OF FORECLOSURE AND ORDER OF SALE NANCY TORRESEN , District Judge . This matter came before the Court for a testimonial hearing on the Plaintiff's Motion for Default Judgment on November 12, 2019. In a separate Order, I granted that motion and, pursuant to the Plaintiff's request at the hearing, dismissed Counts II-V. Order on Plaintiff's Motion for Default Judgment and Motion to Seal (ECF No. 36). JUDGMENT on Count I (Foreclosure) is ENTERED as follows: 1. If Defendant Karen E...
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JUDGMENT OF FORECLOSURE AND ORDER OF SALE
NANCY TORRESEN, District Judge.
This matter came before the Court for a testimonial hearing on the Plaintiff's Motion for Default Judgment on November 12, 2019. In a separate Order, I granted that motion and, pursuant to the Plaintiff's request at the hearing, dismissed Counts II-V. Order on Plaintiff's Motion for Default Judgment and Motion to Seal (ECF No. 36). JUDGMENT on Count I (Foreclosure) is ENTERED as follows:
1. If Defendant Karen E. Greenleaf or her heirs or assigns pay Federal National Mortgage Association ("FNMA") the amount adjudged due and owing ($619,955.93) within 90 days of the date of the Judgment, as that time period is calculated in accordance with 14 M.R.S.S. § 6322, FNMA shall forthwith discharge the Mortgage and file a dismissal of this action on the ECF Docket. The following is a breakdown of the amount due and owing as of October 21, 2019:
Description Amount
Unpaid Principal $426,842.59
Balance
Interest $108,014.52
Escrow Advances $73,510.26
Corporate Advances $11,588.56
__________________ ___________
Grand Total $619,955.93
2. If the Defendant or her heirs or assigns do not pay FNMA the amount adjudged due and owing ($619,955.93) within 90 days of the judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322, her remaining rights to possession of the property at 42 Plummer Drive, Raymond, ME 04071 ("Raymond Property") shall terminate, and FNMA shall conduct a public sale of the Raymond Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $619,955.93 after deducting the expenses of the sale, with any surplus to be disbursed pursuant to Paragraph 5 of this Judgment, and in accordance with 14 M.R.S.A. § 6324. FNMA may not seek a deficiency judgment against the Defendant pursuant to the Plaintiff's waiver of deficiency at trial.
3. Pursuant to 14 M.R.S.A. § 2401(3)(F), the Clerk shall sign a certification after the appeal period has expired, certifying that the applicable period has expired without action or that the final judgment has been entered following appeal.
4. The amount due and owing is $619,955.93.
5. The priority of interests is as follows:
• Federal National Mortgage Association has first priority, in the amount of $619,955.93, pursuant to the subject Note and Mortgage.
• Midland Funding LLC has second priority but has been defaulted.
• Lumina Media LLC has third priority behind the Plaintiff pursuant to a Writ of Execution dated 09/18/2017, in the amount of $3,161.62, plus statutory interest, and recorded in the Cumberland County Registry of Deeds in Book 34423, Page 3, and by stipulation.
• Karen E. Greenleaf has the fourth priority behind the Plaintiff.
6. The prejudgment and post-judgment interest rates shall be applied pursuant to 14 M.R.S.A. §§ 1602-B and 1602-C.
7. The following information is included in this Judgment pursuant to 14 M.R.S.A. § 2401(3):
PARTIES COUNSEL
PLAINTIFF Federal National Mortgage John A. Doonan, Esq.
Association Reneau J. Longoria, Esq.
Doonan, Graves & Longoria, LLC
100 Cummings Center
Suite 225D
Beverly, MA 01915
DEFENDANT Karen E. Greenleaf Defaulted
15 Brown Street
Westbrook, ME 04092
PARTIES-IN-INTEREST Lumina Media LLC Ellias & Ellias, P.C.
7091 Orchard Lake Road
Suite 110
West Bloomfield, MI 48322
Midland Funding LLC Corporation Service Company
45 Memorial Circle
Augusta, ME 04330
(Defaulted)
a. The docket number of this case is No. 2:19-cv-00256-NT.
b. All parties to these proceedings received notice of the proceedings in accordance with the applicable provisions of the Federal Rules of Civil Procedure.
c. A description of the real estate involved, 42 Plummer Drive, Raymond, ME 04071, is set forth in Exhibit A to the Judgment herein.
d. The street address of the real estate involved is 42 Plummer Drive, Raymond, ME 04071. The Mortgage was executed by the Defendant on May 11, 2007. The book and page number of the Mortgage in the Cumberland County Registry of Deeds is Book 25116, Page 105.
e. This judgment shall not create any personal liability on the part of the Defendant but shall act solely as an in rem judgment against the property, 42 Plummer Drive, Raymond, ME 04071.
SO ORDERED.
Exhibit A
A certain lot or parcel of land with the buildings thereon situated in the Town of Raymond County of Cumberland and State of Maine and being Lot No. 17 as shown on Map 1 named Valley Shore Development recorded In me Cumberland County Registry of Deeds In Plan Book 54, Page 2.
Together with the use of the right of way known as Plummer Drive as set forth on the above Identified map, together with the right to take water in common with such other persons as may heretofore or may hereafter have similar rights from a water source as hereinbefore established by attachment of a water line not to exceed one inch (1") in diameter to a manifold situated within the right of way of Plummer Drive so-called. Said water line shall be placed within the limits of the Plummer Drive right of way.
The above premises are conveyed subject to tile following restrictions:
1. No outside or chemical toilet facilities permitted on above premises;
2. No building constructed thereon shall cost less than two thousand dollars.
This conveyance is made subject to municipal zoning end land use ordinances, utility easements of record.
Being the same premises conveyed to Karen E. Greenleaf by warranty deed from Stephen V.P. Mairs, II dated March 21, 2006 and recorded In the Cumberland County Registry of Deeds at Book 23835, Page 230.
