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Maine State Housing Authority v. Mathews

Superior Court of Maine, Lincoln

July 9, 2015

MAINE STATE HOUSING AUTHORITY, of Augusta, County of Kennebec, State of Maine, PLAINTIFF
v.
IACOB N. MATHEWS and IESSICA J. MATHEWS, of Whitefield, County of Lincoln, State of Maine, DEFEND ANT(S) and MIDCOAST MAINE COMMUNITY ACTION (f/k/a Coastal Economic Development Corporation), of Bath, County of Sagadahoc, State of Maine, and PORTFOLIO RECOVERY ASSOCIATES, LLC, of 120 Corporate Boulevard, Norfolk, Virginia 23502, PARTIES-IN-INTEREST

JUDGMENT OF FORECLOSURE AND SALE (14 M.R.S. §6322)

After considering the Plaintiffs Motion for Summary Judgment dated March 16, 2015, and after notice to all parties, no objection having been filed, the Court makes the following Findings and Orders Judgment of Foreclosure as follows:

A. Names and Address of Parties to Action and their Attorneys:

Party

Attorney

Plaintiff- Maine State Housing Authority 353 Water Street Augusta, ME 04330

Richard L. Currier, Esq., Bar #2245 Currier & Trask, P .A. 55 North Street Presque Isle, Maine 04 7 69

Defendant- Jacob N. Mathews 434 Mills Road Whitefield, ME 04353

None- Defaulted

Defendant- Jessica J. Mathews 434 Mills Road Whitefield, ME 04353

None- Defaulted

Party-In-Interest- Midcoast Maine Community Action 34 Wing Farm Parkway Bath, ME 04530

None- Defaulted

Party-In-Interest- Portfolio Recovery Associates, LLC c/o Corporation Service Company 45 Memorial Circle Augusta, ME 04330

None- Defaulted

B. Certification of Service:

Name of Party

Date and Method of Service

Defendant- Jacob N. Mathews

In Hand By Deputy Sheriff on September 24, 2014 with an Answer, Financial Statement and Return Envelope addressed to the Clerk of Court

Defendant- Jessica J. Mathews

In Hand By Deputy Sheriff on September 24, 2014 with an Answer, Financial Statement and Return Envelope addressed to the Clerk of Court

Party-In-Interest- Midcoast Maine Community Action

In Hand By Deputy Sheriff on September 30, 2014 upon Candice Carpenter, Director and Administrative Services.

Party-In-Interest- Portfolio Recovery Associates, LLC

In Hand By Deputy Sheriff on September 23, 2014 upon Corporation Service Company, its Registered Agent.

C. Type of Action:

Action for Foreclosure of a Mortgage Deed by Civil Proceeding, 14 M.R.S. §6321 et seq.

D. Real Estate Description:

A certain lot or parcel of land with the buildings thereon situated in Whitefield, County of Lincoln and State of Maine, bounded and described as follows:

Commencing on the westerly side of Route #218 leading from North Whitefield to Coopers Mills, and at the southeasterly corner of land now or formerly of Aaron Simmons; thence in a southwesterly direction on said Simmons southerly boundary a distance of three hundred fifty (350) feet to an iron pin; thence in a southerly direction and parallel with the aforesaid road a distance of two hundred fifty (250) feet to an iron pin; thence in a southeasterly direction a distance of three hundred fifty (350) feet to the aforesaid road; thence in a northerly direction on said road a distance of three hundred (300) feet to the point of beginning.

Also the right to take water from a spring located on property of Olavi O. Miete and Doris E. Miete westerly of said described parcel of land, together with the right to lay, maintain and repair water pipes to said spring.

For Grantor's source of title reference is made to a Deed from Elwin W. Joslyn to Allen E. Brann and Elaine K Brann dated February 26, 1980 and recorded in the Lincoln County Registry of Deeds in Book 1023, Page 285. Allen E. Brann died on January 2, 2003 leaving Elaine K. Brann as the surviving joint tenant.

E. The Court finds full compliance with the provisions of 14 M.R.S. §6111, §6321-A and §6321 as well as Rules 56(j) and 93, M.R.Civ.P. relating to Mediation under the Foreclosure Diversion Program. Plaintiff has properly certified compliance and has provided proof to the Court sufficient to meet the statutory requirements and Rule 56(j).

F. Order and Judgment of Foreclosure: The following constitutes the final order affecting the premises above described and is ...


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