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CitiMortgage, Inc. v. Tapley

Superior Court of Maine, Cumberland

March 25, 2014

CITIMORTGAGE, INC. PLAINTIFF
v.
MICHAEL TAPLEY, A/K/A MICHAEL J. TAPLEY AND DAVID BRADY, A/K/A DAVE M. GRADY DEFENDANTS AND CHEVY CHASE BANK, F.S.B. PARTY IN INTEREST

CONSENTED JUDGMENT OF FORECLOSURE AND SALE WITH WAIVER OF REDEMPTION TITLE TO REAL ESTATE IS INVOLVED

Thomas D. Warren, Justice, Superior Court.

27 Georgia Street, Portland, Maine 04103Cumberland County Registry of Deeds Book 24033, Page 159

With the consent of the parties who have appeared in this action, the Court finds as follows:

1. The Defendants have breached the conditions of the Mortgage given by Michael Tapley and David Brady to Mortgage Electronic Registration Systems, Inc., as nominee for DownEast Mortgage Corporation, its successors and assigns, dated June 1, 2006 and recorded in the Cumberland County Registry of Deeds in Book 24033, Page 159 (the " Mortgage"), by defaulting on the Promissory Note secured thereby. The Mortgage was assigned to CitiMortgage, Inc., evidenced by assignment recorded December 16, 2011 in Book 29207, Page 234. The Mortgage was further assigned to CitiMortgage, Inc., evidenced by assignment recorded November 7, 2012 in Book 30104, Page 279. The subject property is located at 27 Georgia Street, Portland, Maine 04103 and is more 04103 and is more particularly described in the legal description attached hereto as Exhibit A (the " Premises").

2. As of April 9, 2013, the following amounts are owed to the Plaintiff under the terms of the Note and Mortgage:

Principal Balance

$231, 861.67

Accrued Interest

$32, 587.53

Escrow Advance

$7, 523.35

Late Charges

$1, 002.27

Appraisal Fees

$110.00

Property Inspection Fees

$337.50

Property Preservation Fees

$340.00

Interest on Escrow Advance

$162.45

Attorney's Fees and Costs

$2, 743.00

Total

$276, 667.77

Additional pre-judgment interest is accruing and post-judgment interest will accrue at a rate of 7.25% per annum in accordance with the Note and 14 M.R.S. § § 1602-B and 1602-C. Additional attomey's fees, real estate taxes, costs and amounts advanced to protect the security of Plaintiff's mortgage may continue to accrue through the date of redemption or sale and the completion of these proceedings.

3. The Defendants, Michael Tapley and David Brady, have waived the 90-day period of redemption pursuant to 14 M.R.S. § 6322.

4. The order of priority of any party appearing in this action is as follows:

First Priority: The Mortgage held by CitiMortgage, Inc. recorded in the Cumberland County Registry of Deeds in Book 24033, Page 159. The amount due the Plaintiff is as set forth above.

Second Priority: Michael Tapley, a/k/a Michael J. Tapley and David Brady, a/k/ a Dave M. Grady

5. The following party was named in this action but has not answered or otherwise appeared, and therefore is not a necessary party to this consent judgment:

Chevy Chase Bank, F.S.B.

6. There are no public utility easements affected ...


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