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Federal National Mortgage Association v. Doak

United States District Court, D. Maine

January 7, 2019

Federal National Mortgage Association Plaintiff
v.
Amie Doak Defendant

          Reneau J. Longoria, John A. Doonan, Doonan, Graves & Longoria, LLC Amie Doak

          CONSENT JUDGMENT OF FORECLOSURE AND SALE

          LANCE E. WALKER, U.S. DISTRICT JUDGE.

         Now comes the Plaintiff, Federal National Mortgage Association, and the Defendant, Amie Doak and hereby submits this Consent Judgment of Foreclosure and Sale.

         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 Defendant or his/her heirs or assigns pays Federal National Mortgage Association (“FNMA”) the amount adjudged due and owing ($123, 906.00) within 90 days of the date of the Judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322, FNMA shall forthwith discharge the Mortgage and file a dismissal of this action on the ECF Docket.

         2. If the Defendant or his/her heirs or assigns does not pay FNMA the amount adjudged due and owing ($123, 9060.00) within 90 days of the Judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322, his/her remaining rights to possession of the Hermon Property shall terminate, FNMA shall conduct a public sale of the Hermon Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $123, 906.00 after deducting the expenses of the sale, with any surplus to the Defendants, or their heirs or assigns, in accordance with 14 M.R.S.A. § 6324. FNMA may not seek a deficiency judgment against the Defendants pursuant to the Defendants' discharge in bankruptcy.

         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 $123, 906.00.

         5. The priority of interest is as follows:

a. Federal National Mortgage Association has first priority, in the amount of $123, 906.00, pursuant to the subject Note and Mortgage and there are no parties in interest other than the Defendant, who have second priority.
b. Amie Doak has second priority behind the Plaintiff.

         6. No public utility easements survive the foreclosure.

         7. The prejudgment interest rate is 8.25000%, see 14 M.R.S.A. § 1602-B, and the post-judgment interest rate is 7.76%, see 14 M.R.S.A. § 1602-C.

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


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