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Wilmington Savings Fund Society, FSB v. Segal

United States District Court, D. Maine

May 20, 2019

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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