United States District Court, D. Maine
JUDGMENT OF FORECLOSURE AND SALE
A. Woodcock, Jr. United States District Judge.
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.
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
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.
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. §
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 $209, 035.59.
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
public utility easements survive the foreclosure.
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.
following information is included in this Judgment pursuant