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Federal National Mortgage Association v. Kislowski

United States District Court, D. Maine

April 29, 2019

FEDERAL NATIONAL MORTGAGE ASSOCIATION PLAINTIFF
v.
WOODY S. KISLOWSKI, ROWENA B. KISLOWSKI and STATE OF MAINE-MAINE REVENUE SERVICES DEFENDANTS

          JUDGMENT OF FORECLOSURE AND SALE; TITLE OF REAL ESTATE IS INVOLVED

         1 Old Quarry Road, Cape Neddick, State of Maine York County Registry of Deeds in Book 16917, Page 573

         After trial, the Court finds as follows:

         1. That the parties have received notice of the proceedings in this action, and that the notice was given in accordance with the applicable provisions of the Federal Rules of Civil Procedure.

         2. That venue is properly laid in this Court.

         3. That Plaintiff is entitled to judgment as a matter of law.

         4. That Defendants are in breach of the terms of a certain promissory note held by the Plaintiff dated October 20, 2014, (the "Note*"), with such breach constituting a default by the Defendant(s), and upon such default, proper notice of default was sent to the Defendant(s).

         5. That the default of the Note caused a breach of the Mortgage.

         6. That Plaintiff is the mortgagee of record of a mortgage securing the Note and recorded in the York County Registry of Deeds in Book 16917, Page 573 ("Mortgage"). The Mortgage encumbers real estate located at 1 Old Quarry Road, Cape Neddick, York County, State of Maine ("Property"). The legal description of the Property contained in the Mortgage is incorporated herein by reference and attached hereto as Exhibit A.

         7. That as of April 29, 2019, the following amounts are owed to Plaintiff under the terms of the Note and Mortgage:

a. Principal Balance

$ 176, 928.96

b. Accrued Interest (plus interest at a per diem of $23.63)

$ 15, 755.84

c. Pre-acceleration Late Charges

$3 91.44

d. Escrow Advances

$4, 533.55

e. Pro Rata MIP/PMI

$61.64

f. Suspense Balance

($121.56)

g. Attorney's Fees

$6, 368.75

h. Attorney's Costs

$779.67

Total:

$204, 698.29

         Plaintiff is entitled to add post-judgment attorney's fees and costs incurred in connection with the foreclosure, and additional amounts advanced or expended by Plaintiff pursuant to the Note and Mortgage.

         8. That the order of priorities and amount of the claims of the parties who have appeared in this action for distribution from the proceeds of sale, after payment of expenses of sale, in this case are as follows:

a. Plaintiff in the amount of $204, 698.29, plus accrued interest at the rate of 4.875% per annum, $23.63 per day to the date of entry of judgment, plus interest after judgment at a rate of 8.59% per annum pursuant to 14 M.R.S.A. ยง 1602-C. Further, Plaintiff is entitled to the additional amounts incurred by Plaintiff as described in Paragraph 7 above, including ...

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