United States District Court, D. Maine
Brandywine Circle, Auburn, ME 04210
October 21, 2005 Book 6548, Page 136
JUDGMENT OF FORECLOSURE AND SALE
Z. SINGAL U.S. DISTRICT JUDGE.
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
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:
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.
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.
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
amount due and owing is $377, 900.27.
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.
public utility easements survive the foreclosure.
prejudgment interest rate is 6.00%, see 14 M.R.S.A.
§ 1602-B, and the post-judgment interest rate is ...