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Mtglq Investors LP v. McQuade

United States District Court, D. Maine

September 12, 2017

MTGLQ Investors, LP Plaintiff
v.
Stephanie L. McQuade and Donald H. McQuade Jr. Defendants

         RE: 20 Brandywine Circle, Auburn, ME 04210

         Mortgage: October 21, 2005 Book 6548, Page 136

          JUDGMENT OF FORECLOSURE AND SALE

          GEORGE Z. SINGAL U.S. DISTRICT JUDGE.

         This matter came before the Court for a testimonial hearing on Plaintiff's Motion for Default Judgment on September 6, 2017. Plaintiff, MTGLQ Investors, LP, was present and represented by John A. Doonan, Esq. Defendants Stephanie L. McQuade and Donald H. McQuade Jr., did not appear. Fourteen (14) exhibits were introduced into evidence. Jennifer Ogle testified.

         All persons interested having been duly notified in accordance with the law, and after hearing, the Plaintiff's Motion for Default Judgment (ECF No. 11) is GRANTED. 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 MTGLQ Investors, LP (“MTGLQ”) the amount adjudged due and owing ($377, 900.27) within 90 days of the date of the Judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322, MTGLQ shall forthwith discharge the Mortgage and file a dismissal of this action on the ECF Docket.

         2. If the Defendants or their heirs or assigns do not pay MTGLQ the amount adjudged due and owing ($377, 900.27) 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 Auburn Property shall terminate, and MTGLQ shall conduct a public sale of the Auburn Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $377, 900.27 after deducting the expenses of the sale, with any surplus to be disbursed pursuant to Paragraph 5 of this Judgment, and in accordance with 14 M.R.S.A. § 6324.

         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 $377, 900.27.

         5. The priority of interests is as follows:

a) MTGLQ Investors, LP has first priority pursuant to the subject Note and Mortgage.
b) Stephanie L. McQuade and Donald H. McQuade Jr. have the second priority behind the Plaintiff.

         6. No public utility easements survive the foreclosure.

         7. The prejudgment interest rate is 6.00%, see 14 M.R.S.A. ยง 1602-B, and the post-judgment interest rate is ...


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