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Maine State Housin Authority v. Vigue

Superior Court of Maine, Lincoln

February 2, 2016

MAINE STATE HOUSING AUTHORITY, Plaintiff,
v.
DARLENE J. VIGUE, f/k/a DARLENE J. BIXBY and RONALD S. GROVER, SR., Defendants, and CACV OF COLORADO, LLC, NCO PORTFOLIO MANAGEMENT, INC., and PHILIP S. COHEN, ESQ., Parties-In-Interest.

         Title to Real Estate Involved

          ORDER AND JUDGMENT OF FORECLOSURE AND SALE

         Title to 24 Philbrook Lane, Waldoboro, Maine is involved Mortgage recorded in the Lincoln County Registry of Deeds at Book 2280, Page 3

         Following hearing on this matter on February 2, 2016, after notice to all parties, after review of the pleadings, Affidavit, and other information of record, the Court finds pursuant to M.R. Civ. P. 55(a) and certifies pursuant to 14 M.R.S.A. § 2401(3):

         1. That the record indicates the following Parties and Counsel of Record:

PARTY

COUNSEL

Plaintiff:

Maine State Housing Authority 353 Water Street Augusta, ME 04330

Julianne C. Ray, Esq. Perkins Thompson, P .A. P.O. Box 426 Portland, ME 04112-0426

Defendants:

Darlene J. Vigue 24 Philbrook Lane Waldoboro, ME 04572

Pro se

Ronald S. Grover, Sr. 2902 Atlantic Highway Warren, ME 04864

None of record

Parties-In-Interest:

CACV of Colorado, LLC c/o The Corporation Company 1675 Broadway, Suite 1200 Denver, CO 80202

None of record

NCO Portfolio Management, Inc. c/o NCO Funding, INc. 1201 Market Street, Suite 800 Wilmington, DE 19801

None of record

         2. That all parties have received notice of the proceedings in this action and that the notice was given in accordance with the applicable provisions of the Maine Rules of Civil Procedure;

         3. That venue is properly laid in this Court;

         4. That Defendant Darlene J. Vigue, f/k/a Darlene J. Bixby participated in mediation but the case was not resolved and was returned to the regular docket;

         5. That Defendant Ronald S. Grover, Sr., did not appear or request mediation;

         6. That Plaintiff is entitled to judgment;

         7. That Defendants are in default under the terms of a certain Note and Mortgage held by the Plaintiff dated October 8, 1997 (the "Note"), and received proper notice of said default;

         8. That Plaintiff holds a mortgage on real estate located at 24 Philbrook Lane, in the Town of Waldoboro, County of Lincoln, and State of Maine, to secure the Note, and which Mortgage is recorded in the Lincoln County Registry of Deeds in Book 2280, Page 3; the legal description of the mortgaged property contained in said Mortgage is incorporated herein by reference; the Mortgage was assigned to Plaintiff by instrument recorded in said Registry of Deeds in Book 2281, Page 78;

         9. That as of January 14, 2016, unless otherwise noted, Plaintiff is owed the following under its Note and Mortgage:

a.

principal balance:

$33, 487.69

b.

deficit in escrow account:

$ 8, 072.58

c.

accrued interest:

$13, 720.59

d.

attorneys' fees and costs through October 29, 2015:

$ 3, 952.60

SUB TOTAL:

$59, 233.46

e. additional reasonable attorneys' and paralegal fees and expenses incurred by Plaintiff preparing for and attending the hearing; drafting a letter regarding the period of redemption; obtaining and recording Clerk's Certification regarding appeal; drafting redemption documents or obtaining a Writ of Possession and preparing for and conducting the foreclosure sale; filing and supporting a Report to Court; in obtaining relief from automatic stay in any subsequent proceeding in U.S. Bankruptcy Court; and in pursuing collection of any deficiency judgment to the extent it is not discharged in bankruptcy;

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