United States District Court, D. Maine
U.S. Bank National Association, as Trustee, in trust for registered holders of First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2 Plaintiff
v.
Donna Doucette Defendant Mortgage Electronic Registration Systems, Inc. as nominee for Nationpoint, a division of National City Bank Midland Funding LLC Cornwell Quality Tools Co., Inc. Parties-In-Interest
Mortgage: December 8, 2006 Book 10756, Page 45
JUDGMENT OF FORECLOSURE AND SALE
This
matter came before the Court for a testimonial hearing on
Plaintiffs Motion for Default Judgment on April 30, 2019.
Plaintiff, U.S. Bank National Association, as Trustee, in
trust for registered holders of First Franklin Mortgage Loan
Trust, Mortgage Loan Asset-Backed Certificates, Series
2007-FF2, was present and represented by John A. Doonan, Esq.
Defendant, Donna Doucette, did not appear.
All
persons interested having been duly notified in accordance
with the law, and after heating, the Plaintiffs Motion for
Default Judgment is GRANTED. 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 Defendants or their heirs or assigns pay U.S. Bank
National Association, as Trustee, in trust for registered
holders of First Franklin Mortgage Loan Trust, Mortgage Loan
Asset- Backed Certificates, Series 2007-FF2 ("U.S.
Bank") die amount adjudged due and owing (1137, 136.89)
within 90 days of the date of die Judgment, as that time
period is calculated in accordance with 14 M.R.S.A. §
6322, U.S. Bank shall forthwith discharge the Mortgage and
file a dismissal of this action on the ECF Docket. The
following is a breakdown of die amount due and owing:
-
Description
|
Amount
|
Unpaid Principal Balance
|
$96, 181.14
|
Accrued Interest:
|
$23, 511.04
|
Escrow Advance:
|
$6, 816.66
|
Advance Balance:
|
$9, 400.03
|
Late Charges:
|
$1, 103.76
|
Interest on Advance:
|
$ 124.26
|
Total
|
$ 137, 136.89
|
2. If
the Defendants or their heirs or assigns do
not pay U.S. Bank the amount adjudged due and owing $137,
136.89 within 90 days of die Judgment, as that time period is
calculated in accordance with 14 M.R.SA. § 6322, their
remaining rights to possession of the Hudson Property shall
terminate, U.S. Bank shall conduct a public sale of the
Hudson Property in accordance with 14 M.R.S.A. § 6323,
disbursing the proceeds first to itself in the amount of
$137, 136.89 after deducting die 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. § 6324.
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 $137, 136.89.
5. The
priority of interests is as follows:
a.)
U.S. Bank National Association, as Trustee, in trust for
registered holders of Fust Franklin Mortgage Loan Trust,
Mortgage Loan Asset-Backed Certificates, Series 2007-FF2 has
first priority, in the amount of $96, 181.14, pursuant to the
subject Note and Mortgage.
b.)
Mortgage Electronic Registration Systems, Inc. as nominee for
Nationpoint, who has been defaulted c.) Midland Funding LLC,
who has been defaulted.
c.)
Cornwell Quality Tools Co., Inc. who has been defaulted.
d.)
Donna Doucette, who has second priority and has been
defaulted.
7. The
prejudgment interest rate is 8.25%, see 14 M.R.S.A.
ยง 1602-B, and the post-judgment interest rate is ...