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Maine State Housing Authority v. Kyle

Superior Court of Maine, Cumberland

March 29, 2018

MAINE STATE HOUSING AUTHORITY, Plaintiff,
v.
RICHARD E. KYLE, Defendant.

          Julianne C. Ray, Esq,, Bar No. 3886 Attorney for Plaintiff, Maine State Housing Authority

          CONSENT JUDGMENT OF FORECLOSURE AND SALE AND WAIVER OF REDEMPTION PERIOD

         Title to Real Estate Involved

          Title to 7 Cold Springs Road, Casco, Maine is Involved Mortgage Recorded in the Cumberland County Registry of Deeds at Book 30973, Page 236

         Plaintiff, Maine State Housing Authority ("Plaintiff' or "MaineHousing") and Richard E. Kyle ("Defendant") (Plaintiff and Defendant shall hereinafter be referred together as the “Parties”), hereby consent to the entry of judgment in the above-captioned action the parties agree as follows:

         1. That the record indicates the following Parties and Counsel of Record:

PARTY

COUNSEL

Plaintiff: Maine State Housing Authority

353 Water Street

Augusta, ME 04330

Julianne C, Ray, Esq.

Perkins Thompson, PA.

P.O. Box 426

Portland, ME 04112-0426

Defendant. Richard E. Kyle

Rumford Community Home

11 John F. Kennedy Lane

Rumford, ME 04276

None of record

          2. The Parties hereby acknowledge and agree, and the court finds that Defendant has received notice of the proceedings in this action and that the notice was given in accordance with the applicable provisions of the Maine Rules of Civil Procedure;

         3. The Parties agree that venue is properly laid in this Court;

         4. Defendant further hereby acknowledges and agrees that, although mediation was available, he did not participate in foreclosure mediation;

         5. The Parties agree that Defendant is in default under the terms of a certain Note and Mortgage held by Plaintiff dated August 23, 2013 (the "Note"), and acknowledge and agree that in full compliance with 14 M.R.S.A. § 6111, as amended, on or about September 22, 2017, Plaintiffs agent notified Defendant by letter sent via U.S. Mail with Certificate of Mailing that the Note was in default and demanded cure of the default;

         6. The Parties further agree and acknowledge that Plaintiff holds a Mortgage on real estate located at 7 Cold Springs Road, in the Town of Casco, County of Cumberland, and State of Maine, to secure the Note, which Mortgage is recorded in the Cumberland County Registry of Deeds in Book 30973, Page 236; the legal description of the mortgaged property contained in said Mortgage is incorporated herein by reference; the Mortgage was assigned to Plaintiff by instrument recorded in Book 31049, Page 83;

         7. Defendant irrevocably consents to the entry of Judgment of Foreclosure and Sale as requested in Plaintiffs January 26, 2018 Complaint, as such judgment is modified herein, with respect to the real property described in the Mortgage;

         8. The Parties agree that, as of March 6, 2018 (unless otherwise noted), Plaintiff is owed the following ...


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