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Maine State Housing Authority v. Davis

Superior Court of Maine, Lincoln

June 8, 2015

MAINE STATE HOUSING AUTHORITY, Plaintiff
v.
MATTHEW A. DAVIS, Defendant

          JUDGMENT OF FORECLOSURE AND SALE AND ORDER

          DANIEL I BILLINGS JUSTICE, LINCOLN COUNTY SUPERIOR COURT

         PROPERTY LOCATED AT: 428 Townhouse Road, Whitefield, Maine Mortgage Reference: Book 2240, Page 320 TITLE TO REAL ESTATE IS INVOLVED

         TITLE TO REAL ESTATE IS INVOLVED

         After trial, the Court finds that there is cause for granting judgment in favor of Maine State Housing Authority (hereinafter "MaineHousing"). Judgment is hereby entered as follows:

         COUNT I: FORECLOSURE BY CIVIL ACTION

         The Court specifically finds that there has been a breach of conditions in MaineHousing's Mortgage, dated May 22, 1997, pledging certain real estate located at 428 Townhouse Road, Whitefield, Maine, and recorded in the Lincoln County Registry of Deeds in Book 2240, Page 320, and that there is due MaineHousing on its Note the remaining principal balance of $30, 163.23 together with interest thereon to June 7, 2016 in the amount of $4, 450.13 and interest continuing to accrue at the per diem rate of $5.79133, property inspection costs of $387.00, property taxes paid by MaineHousing in the amount of $831.41, hazard insurance premiums paid by MaineHousing in the amount of $1, 009.25, and attorneys' fees and costs in the amount of $2, 495.44, with additional interest and costs, accruing pursuant to the terms of the Note through and including the date of the public sale.

         The order of priority pertaining to the real estate which serves as the basis of this foreclosure action, including other parties in interest and public utility easements, is as follows:

a. First, to MaineHpusing on its Mortgage, dated May 22, 1997, and- recorded in the Lincoln County Registry of Deeds in Book 2240, Page 320, in the outstanding principal amount of $30, 163.23 together with interest thereon to June 7, 2016 in the amount of $4, 450.13 and interest continuing to accrue at the per diem rate of $5.79133, property inspection costs of $387.00, property taxes paid by MaineHousing in the amount of $831.41, hazard insurance premiums paid by MaineHousing in the amount of $1, 009.25, and attorneys' fees and costs in the amount of $2, 495.44, together with additional interest, fees, and costs continuing to accrue pursuant to the terms of the Note; and
b. Second, to Defendant, Matthew A. Davis (hereinafter "Defendant"), should there be any surplus funds remaining.

         Pursuant to 14 M.R.S.A §§1602-B and 1602-C, the prejudgment interest rate is the contracted rate of 7.675% and the post-judgment interest rate shall be the contracted rate of 7.675%.

         THEREFORE, it is hereby expressly directed that judgment be entered against Defendant on Count I of MaineHousing's Complaint for Foreclosure by Civil Action, and, therefore, it is hereby ordered and decreed that if Defendant, his heirs and assigns, do not pay to MaineHousing, its successors and assigns, the amount of the total claim due together with accrued interest and other charges as set forth above within ninety (90) days of the date hereof, then MaineHousing, its successors and assigns, shall be entitled to sell said real estate, located at 428 Townhouse Road, Whitefield, Maine and disburse the proceeds of the sale, after deducting the expenses thereof, in accordance with this Judgment and 14 M.R.S.A. §6324.

         Should all statutory requirements be met, a Writ of Execution shall issue in favor of MaineHousing against Defendant in the amount of any deficiency which results from the public sale of the pledged real estate.

         A Writ of Possession shall be issued to MaineHousing against Defendant and all other occupants for possession of the subject real estate upon expiration of the Appeal Period.

         COUNT II:BREA ...


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