United States District Court, D. Maine
A. Doonan, Esq., Bar No. 3250 Reneau J. Longoria, Esq., Bar
No. 5746 Doonan, Graves & Longoria, LLC
Gentile, Pauline R. Gentile
CONSENT JUDGMENT OF FORECLOSURE AND SALE
TORRESEN U.S. DISTRICT JUDGE
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.
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:
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
$ 70, 383.21
$ 79, 688.77
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.
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
amount due and owing is $79, 688.77.
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.
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.
following information is included in this Judgment pursuant