United States District Court, D. Maine
Holmes Road, Scarborough, ME 04074
March 11, 1998 Book 13667, Page 084
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, 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
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:
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.
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. §
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 $152, 860.89.
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.
public utility easements survive the foreclosure.
prejudgment interest rate is 7.375%, see 14 M.R.S.A.
§ 1602-B, and the post-judgment interest rate is ...