Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Digital Federal Credit Union v. Gentile

United States District Court, D. Maine

June 12, 2019

Digital Federal Credit Union Plaintiff
v.
Italio Gentile and Pauline R. Gentile a/k/a Pauline Gentile Defendants RE 15 High Street Limestone, ME 04750 Mortgage May 31, 2008

          John A. Doonan, Esq., Bar No. 3250 Reneau J. Longoria, Esq., Bar No. 5746 Doonan, Graves & Longoria, LLC

          Italio Gentile, Pauline R. Gentile

          CONSENT JUDGMENT OF FORECLOSURE AND SALE

          NANCY TORRESEN U.S. DISTRICT JUDGE

         Now comes the Plaintiff, Digital Federal Credit Union, and the Defendants, Italio Gentile and Pauline R. Gentile a/k/a Pauline Gentile and hereby submits this Consent Judgment of Foreclosure and Sale.

         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 Digital Federal Credit Union (“DFCU”) the amount adjudged due and owing $79, 688.77 within 90 days of the date of the Judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322, DFCU 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

$ 70, 383.21

Interest

5, 550.93

Late Charges

613.33

Corporate Advance

2, 376.30

Total:

$ 79, 688.77

         2. If the Defendants or their heirs or assigns do not pay DFCU the amount adjudged due and owing $79, 688.77 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 Limestone Property shall terminate, DFCU shall conduct a public sale of the Limestone Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $79, 688.77 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. DFCU may not seek a deficiency judgment against the Defendants pursuant to the Defendants' discharge in bankruptcy.

         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 $79, 688.77.

         5. Digital Federal Credit Union has first priority, in the amount of $79, 688.77, pursuant to the subject Note and Mortgage and there are no parties in interest other than the Defendants, who have second priority.

         7. The prejudgment interest rate is 4.7400%, see 14 M.R.S.A. § 1602-B, and the post-judgment interest rate is 8.5900%, see 14 M.R.S.A. § 1602-C.

         8. The following information is included in this Judgment pursuant ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.