United States District Court, D. Maine
J. Longoria, John A. Doonan, Doonan, Graves & Longoria,
LLC Amie Doak
CONSENT JUDGMENT OF FORECLOSURE AND SALE
E. WALKER, U.S. DISTRICT JUDGE.
comes the Plaintiff, Federal National Mortgage Association,
and the Defendant, Amie Doak and hereby submits this Consent
Judgment of Foreclosure and Sale.
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 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.
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.
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 $123, 906.00.
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.
public utility easements survive the foreclosure.
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.
following information is included in this Judgment pursuant