United States District Court, D. Maine
Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, Not Individually but as Trustee for Hilldale Trust, Plaintiff
v.
Brian K. Segal and Patrick O'Donoghue, misidentified in the subject mortgage as Patrick O'Donaghue, Defendants Brian K. Segal, Party-In-Interest
John
A. Doonan, Esq., Bar No. 3250 Reneau J. Longoria, Esq., Bar
No. 5746 Doonan, Graves & Longoria, LLC
Curtis
Thaxter, LLC Richard P. Olson, Esq. (Adverse Attorney for
Brian K. Segal)
CONSENT JUDGMENT OF FORECLOSURE AND SALE
JON D.
LEVY, CHIEF U.S. DISTRICT JUDGE
Now
comes the Plaintiff, Wilmington Savings Fund Society, FSB,
d/b/a Christiana Trust, Not Individually but as Trustee for
Hilldale Trust, and the Defendant and Party-In-Interest,
Brian K. Segal, by and through their undersigned counsel, and
hereby submit this Corrected Amended Consent Judgment of
Foreclosure and Sale.
On
November 12, 2018, Plaintiff filed a Motion for Entry of
Default as to Defendant Patrick O'Donoghue. On November
13, 2018, Plaintiff received the court order granting the
Motion for Entry of Default as to Defendant, Patrick
O'Donoghue. Thereafter, Plaintiff filed a Motion for
Default Judgment as to Defendant, Patrick O'Donoghue.
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 as
to Brian K. Segal only without prejudice at the request of
the Plaintiff. JUDGMENT on Count I -
Foreclosure, is hereby ENTERED by agreement
as to Brian K. Segal as follows:
1. If
the Defendants or their heirs or assigns pay Wilmington
Savings Fund Society, FSB, d/b/a Christiana Trust, Not
Individually but as Trustee for Hilldale Trust
(“Wilmington”) the amount adjudged due and owing
($133, 430.63) within 90 days of the date of the Judgment, as
that time period is calculated in accordance with 14 M.R.S.A.
§ 6322, Wilmington shall forthwith discharge the
Mortgage and file a dismissal of this action on the ECF
Docket. The following is a breakdown of the amount due and
owing:
-
Description
|
Amount
|
Principal Balance:
|
$74, 710.67
|
Unpaid Interest:
|
$35, 148.91
|
Escrow Advance:
|
$17, 737.31
|
Recoverable Balance:
|
$5, 833.74
|
Total:
|
$133, 430.63
|
2. If
the Defendants or their heirs or assigns do not pay
Wilmington the amount adjudged due and owing ($133, 430.63)
within 90 days of the Judgment, as that time period is
calculated in accordance with 14 M.R.S.A. § 6322, their
remaining rights to possession of the Freeport Property shall
terminate, Wilmington shall conduct a public sale of the
Freeport Property in accordance with 14 M.R.S.A. § 6323,
disbursing the proceeds first to itself in the amount of
$133, 430.63 after deducting the 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 $133, 430.63 as of March 20, 2019.
5. The
priority of interests is as follows:
a) Wilmington Savings Fund Society, FSB, d/b/a Christiana
Trust, Not Individually but as Trustee for Hilldale Trust has
first priority, in the amount of $133, 430.63, pursuant to
the subject Note and Mortgage.
b) Brian K. Segal has second priority behind the Plaintiff
pursuant to a Judgment dated November 28, 2012, in the amount
of $25, 379.03, and recorded in the Cumberland County
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