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Federal National Mortgage Association v. Ellis

United States District Court, D. Maine

October 30, 2019

FEDERAL NATIONAL MORTGAGE ASSOCIATION PLAINTIFF
v.
TIMOTHY D. ELLIS, NAN ELLIS A/KJA NAN Y. ELLIS, GMAC MORTGAGE CORPORATION AND MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR GMAC MORTGAGE CORPORATION DEFENDANTS

          JUDGMENT OF FORECLOSURE AND SALE: TITLE OF REAL ESTATE IS INVOLVED

         109 Main Street Jonesport, State of Maine Washington Registry of Deeds in Book 3068, Page 82

         After final damages hearing, the Court finds as follows:

         1. That the parties have received notice of the proceedings in this action, having previously been served but having been defaulted on June 7, 2019, and that notice of the instant damages hearing was given in accordance with the applicable provisions of the Federal Rules of Civil Procedure.

         2. That venue is properly laid in this Court.

         3. That Plaintiff is entitled to judgment as a matter of law.

         4. That Defendants Timothy D. Ellis and Nan Ellis are in breach of the terms of a certain promissory note held by the Plaintiff dated September 1, 2005, (the "Note"), with such breach constituting a default by the Defendant(s), and upon such default, proper notice of default was sent to the Defendant(s).

         5. That the default of the Note caused a breach of the Mortgage.

         6. That Plaintiff is the mortgagee of record of a mortgage securing the Note and recorded in the Washington Registry of Deeds in Book 3068, Page 82 ("Mortgage"). The Mortgage encumbers real estate located at 109 Main Street, Jonesport, State of Maine ("Property"). The legal description of the Property contained in the Mortgage is incorporated herein by reference and attached hereto as Exhibit A.

         7. That as of 10/29/19, the following amounts are owed to Plaintiff under the terms of the Note and Mortgage:

a. Principal Balance

$224, 829.69

b. Accrued Interest (plus interest at a per diem of $34.65)

$34, 694.64

c. Pre-acceleration Late Charges

$1, 986.05

d. Escrow Advances

$5, 946.75

e. Property Preservation Expenses

$1, 270.00

f. Attorney's Fees

$4, 155.00

g. Attorney's Costs

$423.49

Total:

$273, 305.62

         Plaintiff is entitled to add any additional attorney's fees and costs incurred in connection with the foreclosure, including any post-judgment attorney's fees and costs, as well as any additional amounts advanced or expended by Plaintiff pursuant to the Note and Mortgage.

         8. That the order of priorities and amount of the claims of the parties who have appeared in this action for distribution from the proceeds of sale, after payment of expenses of sale, in this case are as follows:

a. Plaintiff in the amount of $273, 305.62, plus accrued interest at the rate of 5.625% per annum, $34.65 per day to the date of entry of judgment, plus interest after judgment at a rate of 8.59% per annum [pursuant to 14 M.R.S.A. § 1602-C]. Further, Plaintiff is entitled to the additional amounts incurred by Plaintiff as described in Paragraph 7 above, including but not limited to attorney's fees and costs, insurance premiums, and real estate taxes;
b. Defendants have not submitted any affidavit of debt or other valid assertion of priority position and thus will not ...

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