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Nationstar Mortgage LLC v. Sheperd Pitts

United States District Court, D. Maine

February 6, 2018

Nationstar Mortgage LLC Plaintiff
v.
Parris A. Sheperd Pitts Defendant Five County Credit Union Parties-In-Interest

          JUDGMENT OF FORECLOSURE AND SALE

          John A. Woodcock, Jr. United States District Judge.

         This matter came before the Court for a testimonial hearing on Plaintiff's Motion for Default Judgment on November 6, 2017. Plaintiff, Nationstar Mortgage LLC, was present and represented by John A. Doonan, Esq. Defendant, Parris A. Sheperd Pitts, appeared pro se. Party-in-Interest, Five County Credit Union, did not appear. Nine (9) exhibits were introduced into evidence.

         Just prior to the November 6, 2017, hearing, the parties notified the Court that they had reached a resolution to the case and that Ms. Sheperd Pitts consented to the entry of judgment on Count I of the Complaint. The Court inquired as to both Nationstar Mortgage LLC and Ms. Sheperd Pitts as to the terms of the consented to judgment. The terms of the consented to judgment, which the Court accepts and reduces to judgment, are as follows: JUDGMENT on Count I - Foreclosure, is hereby ENTERED by consent as follows:

         1. If the Defendant or her heirs or assigns pays Nationstar Mortgage LLC (“Nationstar”) the amount adjudged due and owing ($209, 035.59) 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 Defendant or her heirs or assigns does not pay Nationstar the amount adjudged due and owing ($209, 035.59) within 90 days of the Judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322, her remaining rights to possession of the Livermore Falls Property shall terminate, Nationstar shall conduct a public sale of the Livermore Falls Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $209, 035.59 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 $209, 035.59.

         5. The priority of interests is as follows:

a) Nationstar Mortgage LLC has first priority, in the amount of $209, 035.59, pursuant to the subject Note and Mortgage.
b) Five County Credit Union has the second priority behind the Plaintiff pursuant to a Writ of Execution dated April 20, 2016, in the amount of $434.70, and recorded in the Androscoggin County Registry of Deeds in Book 9349, page 310.
c) Parris A. Sheperd Pitts has the third priority behind the Plaintiff.

         6. No public utility easements survive the foreclosure.

         7. The prejudgment interest rate is 4.375%, see 14 M.R.S.A. § 1602-B, and the post-judgment interest rate is 6.65%, see 14 M.R.S.A. § 1602-C.

         8. The following information is included in this Judgment pursuant ...


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