Filed: Jul. 02, 2019
Latest Update: Jul. 02, 2019
Summary: JUDGMENT OF FORECLOSURE AND SALE JON D. LEVY , District Judge . This matter came before the Court for a testimonial hearing on Plaintiff's Motion for Default Judgment on July 2, 2019. Plaintiff, Federal National Mortgage Association, was present and represented by John A. Doonan, Esq. Defendants Jeffrey H. Jackson and Charlene D. Jackson did not appear. All persons interested having been duly notified in accordance with the law, and after hearing, the Plaintiffs Motion for Default Judgment
Summary: JUDGMENT OF FORECLOSURE AND SALE JON D. LEVY , District Judge . This matter came before the Court for a testimonial hearing on Plaintiff's Motion for Default Judgment on July 2, 2019. Plaintiff, Federal National Mortgage Association, was present and represented by John A. Doonan, Esq. Defendants Jeffrey H. Jackson and Charlene D. Jackson did not appear. All persons interested having been duly notified in accordance with the law, and after hearing, the Plaintiffs Motion for Default Judgment ..
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JUDGMENT OF FORECLOSURE AND SALE
JON D. LEVY, District Judge.
This matter came before the Court for a testimonial hearing on Plaintiff's Motion for Default Judgment on July 2, 2019. Plaintiff, Federal National Mortgage Association, was present and represented by John A. Doonan, Esq. Defendants Jeffrey H. Jackson and Charlene D. Jackson did not appear.
All persons interested having been duly notified in accordance with the law, and after hearing, the Plaintiffs Motion for Default Judgment is GRANTED. Count II — Breach of Note, Count III — Breach of Contract, Money Had and Received, Count IV — Quantum Meruit, and Count V — Unjust Enrichment, are hereby DISMISSED without prejudice at the request of the Plaintiff. JUDGMENT on Count I — Foreclosure, is hereby ENTERED as follows:
1. If the Defendants or their heirs or assigns pay Federal National Mortgage Association ("FNMA") the amount adjudged due and owing ($173,893.58) within 90 days of the date of the Judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 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:
Description Amount
Unpaid Principal Balance $140,872.38
Interest $18,426.17
Escrow Advances $11,579.36
Corporate Advances $3,015.67
Grand Total $173,893.58
2. If the Defendants or their heirs or assigns do not pay FNMA the amount adjudged due and owing ($173,893.58) within 90 days of the Judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322, their remaining rights to possession of the Orrington Property shall terminate, FNMA shall conduct a public sale of the Orrington Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $173,893.58 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. Federal National Mortgage Association may not seek a deficiency judgment against the Defendants 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 $173,893.58 as of June 7, 2019.
5. The priority of interests is as follows:
a.) Federal National Mortgage Association has first priority, in the amount of $173,893.58, pursuant to the subject Note and Mortgage.
b.) Katahdin Trust Company has the second priority behind the Plaintiff pursuant to a Mortgage dated August 6, 2015, in the amount of $51,200.00, and recorded in the Penobscot County Registry of Deeds in Book 13928, page 153.
c.) Jeffrey H. Jackson and Charlene D. Jackson have the third priority behind the Plaintiff.
6. The prejudgment interest rate is 4.87500%, see 14 M.R.S.A. § 1602-B, and the post judgment interest rate is 8.59%, see 14 M.R.S.A. § 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
Charlene D. Jackson Pro Se
329 Snows Corner Road
Orrington, ME 04474
Jeffrey H. Jackson Pro Se
329 Snows Corner Road
Orrington, ME 04474
PARTIES IN INTEREST
Katahdin Trust Company Pro Se
11 Main Street
Patten, ME 04765
a) The docket number of this case is No. 1:19-cv-00044-JDL.
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, 329 Snows Corner Road, Orrington, ME 04474, is set forth in Exhibit A to the Judgment herein.
d) The street address of the real estate involved is 329 Snows Corner Road, Orrington, ME 04474. The Mortgage was executed by the Defendants on March 1, 2011. The book and page number of the Mortgage in the Penobscot County Registry of Deeds is Book 12423, Page 275.
e) This judgment shall not create any personal liability on the part of the Defendants but shall act solely as an in rem judgment against the property, 329 Snows Corner Road, Orrington, ME 04474.
SO ORDERED.
Exhibit A
PARCEL ONE: A certain lot or parcel of land situated in Orrington, County of Penobscot, State of Maine, bounded and described as follows:
Commencing at an Iron stake set in the generally westerly sideline of the Snows Comer Road, said stake marks the generally northeasterly corner of a certain lot or parcel of land conveyed by Thomas S McLean et al to James H Chalmore and Shirley I Collins by deed dated July 31, 1957, and recorded in Penobscot County Registry of Deeds in Vol. 1597, Page 240; thence generally westerly at night angles with the aforementioned road and running by and along the northerly line of Chalmers and Collins, aforementioned, two hundred (200) feet, more or less, to a point; therice running northerly and parallel with the said sideline of said road one hundred (100) feet, more or less, to a point; thence generally easterly and parallel with the first mentioned line two hundred (200) feet, more or less, to a point in the said generally westerly sideline of the Snows Corner Road; thence generally southerly by and along the westerly sideline of the Snows Corner Road one hundred (100) feet, more or less, to the Iron pin at the point of beginning.
PARCEL TWO: A certain lot of land, with the buildings thereon, situated in Orrington, County of Penobscot, State of Maine, bounded and described as follows, viz: Commencing at a stake set in the generally westerly sideline of the Snows Corner Road, said stake being one hundred eight (106) feet, more or less, northerly from the generally northeasterly corner of a certain lot or parcel of land conveyed by Thomas S McLean et al to Leroy T Nelson and Irma E Nelson, by deed dated May 24, 1963, recorded in Penobscot County Registry of Deeds in Vol 1903, Page 383; thence generally southerly by and along the said sideline of the Snows Corner Road one hundred eight (108) feet, more or less, to a point; thence generally westerly at right angles with said road two hundred (200) feet, more or less, to an iron pin; thence generally southerly and parallel with said road one hundred (100) feet, more or less, to an iron pin; thence generally westerly and running in a continuation of the southerly line of the Nelson lot, aforementioned, to a new iron rod set in the generally northeasterly line of one Cox; thence generally northwesterly and running along a fence marking the northeasterly line of said Cox two hundred twenty-nine and one-half (229 ½) feet, more or less, to a new iron rod; thence generally easterly and at right angles with the said sideline of the Snows Corner Road to the point of beginning.
