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Nationstar Mortgage LLC v. Fitzgerald

United States District Court, D. Maine

September 12, 2017

Nationstar Mortgage LLC Plaintiff
v.
Sandra Fitzgerald and Thomas R. Fitzgerald Defendants

         RE: 360 Holmes Road, Scarborough, ME 04074

         Mortgage: March 11, 1998 Book 13667, Page 084

          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, Nationstar Mortgage LLC, was present and represented by John A. Doonan, Esq. Defendants Sandra Fitzgerald and Thomas R. Fitzgerald did not appear. Twelve (12) exhibits were introduced into evidence. Marc Berninger 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. 14) 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 Nationstar Mortgage LLC (“Nationstar”) the amount adjudged due and owing ($152, 860.89) within 90 days of the date of the Judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322, Nationstar 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 Nationstar the amount adjudged due and owing ($152, 860.89) 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 Scarborough Property shall terminate, and Nationstar shall conduct a public sale of the Scarborough Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $152, 860.89 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 $152, 860.89.

         5. The priority of interests is as follows:

a) Nationstar Mortgage LLC has first priority pursuant to the subject Note and Mortgage.
b) Sandra Fitzgerald and Thomas R. Fitzgerald have the second priority behind the Plaintiff.

         6. No public utility easements survive the foreclosure.

         7. The prejudgment interest rate is 7.375%, see 14 M.R.S.A. ยง 1602-B, and the post-judgment interest rate is ...


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