Filed: Jun. 12, 2019
Latest Update: Jun. 12, 2019
Summary: CONSENT JUDGMENT OF FORECLOSURE AND SALE NANCY TORRESEN , District Judge . Now comes the Plaintiff, Digital Federal Credit Union, and the Defendants, Italio Gentile and Pauline R. Gentile a/k/a Pauline Gentile and hereby submits this Consent Judgment of Foreclosure and Sale. 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.
Summary: CONSENT JUDGMENT OF FORECLOSURE AND SALE NANCY TORRESEN , District Judge . Now comes the Plaintiff, Digital Federal Credit Union, and the Defendants, Italio Gentile and Pauline R. Gentile a/k/a Pauline Gentile and hereby submits this Consent Judgment of Foreclosure and Sale. 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. J..
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CONSENT JUDGMENT OF FORECLOSURE AND SALE
NANCY TORRESEN, District Judge.
Now comes the Plaintiff, Digital Federal Credit Union, and the Defendants, Italio Gentile and Pauline R. Gentile a/k/a Pauline Gentile and hereby submits this Consent Judgment of Foreclosure and Sale.
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 Digital Federal Credit Union ("DFCU") the amount adjudged due and owing $79,688.77 within 90 days of the date of the Judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322, DFCU 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
Principal $70,383.21
Interest 5,550.93
Late Charges 613.33
Corporate Advance 2,376.30
___________
Total: $79,688.77
2. If the Defendants or their heirs or assigns do not pay DFCU the amount adjudged due and owing $79,688.77 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 Limestone Property shall terminate, DFCU shall conduct a public sale of the Limestone Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $79,688.77 after deducting the expenses of the sale, with any surplus to the Defendants, or their heirs or assigns, in accordance with 14 M.R.S.A. § 6324. DFCU may not seek a deficiency judgment against the Defendants pursuant to the Defendants' discharge in bankruptcy.
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 $79,688.77.
5. Digital Federal Credit Union has first priority, in the amount of $79,688.77, pursuant to the subject Note and Mortgage and there are no parties in interest other than the Defendants, who have second priority.
7. The prejudgment interest rate is 4.7400%, see 14 M.R.S.A. § 1602-B, and the post-judgment interest rate is 8.5900%, see 14 M.R.S.A. § 1602-C.
8. The following information is included in this Judgment pursuant to 14 M.R.S.A. § 2401(3):
PARTIES COUNSEL
PLAINTIFF Digital Federal Credit Union John A. Doonan, Esq.
Reneau J. Longoria, Esq.
Doonan, Graves & Longoria, LLC
100 Cummings Center
Suite 225D
Beverly, MA 01915
DEFENDANTS
Pauline R. Gentile a/k/a Pauline Pro Se
Gentile
34 Fiddlehead Lane
Hancock, ME 04640
Italio Gentile Pro Se
34 Fiddlehead Lane
Hancock, ME 04640
a) The docket number of this case is No. 1:19-cv-00073-NT.
b) The Defendants, the only parties to these proceedings besides DFCU, 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, 15 High Street, Limestone, ME 04750, is set forth in Exhibit A to the Judgment herein.
d) The street address of the real estate involved is 15 High Street, Limestone, ME 04750. The Mortgage was executed by the Defendants on May 31, 2008. The book and page number of the Mortgage in the Aroostook County Registry of Deeds — Southern is Book 4588, Page 284.
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, 15 High Street, Limestone, ME 04750.
Dated: May 1, 2019 /s/Reneau J. Longoria, Esq.
John A. Doonan, Esq., Bar No. 3250
Reneau J. Longoria, Esq., Bar No. 5746
Doonan, Graves & Longoria, LLC
100 Cummings Center
Suite 225D
Beverly, MA 01915
Dated: April 4, 2019 /s/Italio Gentile
Italio Gentile
34 Fiddlehead Lane
Hancock, ME 04640
Dated: April 4, 2019 /s/Pauline R. Gentile
Pauline R. Gentile
a/k/a Pauline Gentile
34 Fiddlehead Lane
Hancock, ME 04640
SO ORDERED.
EXHIBIT A
(15 High Street, Limestone)
The land in Limestone, Aroostook County, Maine, described as follows:
A certain lot or parcel of land with any buildings thereon, situated in Limestone Village, bounded and described as follows, to wit:
Beginning at a point in the center of High Street at its intersection with Leighton Street, which point is the northeast corner of a parcel of land conveyed by Harry A. Chase to Louis Sharp by a deed dated May 22, 1911; thence west by the north line of the sharp laud ten and one-half (10 ½) rods: thence north by a line parallel with High Street ninety-six and one-half (96 ½) feet: thence cast by a line parallel with the first bound ten and one-half (10 ½) rods; thence south by the center of High Street to the place of beginning; subject to easements of roads.
FOR SOURCE OF TITLE reference is made to a Warranty Deed from Georgette Muldrow to Italic) Gentile and Pauline Gentile dated December 12, 2005 and recorded in the Aroostook County Registry of Deeds (Southern District) in Book 4223, Page 176.
