FEDERAL NATIONAL MORTGAGE ASSOCIATION v. MCQUADE et al

Filing 29

JUDGMENT OF FORECLOSURE AND SALE re 11 Motion for Default Judgment By JUDGE GEORGE Z. SINGAL. (Attachments: # 1 Exhibit A to Judgment) (lrc)

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UNITED STATES DISTRICT COURT DISTRICT OF MAINE MTGLQ Investors, LP CIVIL ACTION NO: 2:16-CV-00479-GZS Plaintiff vs. RE: 20 Brandywine Circle, Auburn, ME 04210 Stephanie L. McQuade and Donald H. McQuade Jr. Mortgage: October 21, 2005 Book 6548, Page 136 Defendants JUDGMENT OF FORECLOSURE AND SALE This matter came before the Court for a testimonial hearing on Plaintiff's Motion for Default Judgment on September 6, 2017. Plaintiff, MTGLQ Investors, LP, was present and represented by John A. Doonan, Esq. Defendants Stephanie L. McQuade and Donald H. McQuade Jr., did not appear. Fourteen (14) exhibits were introduced into evidence. Jennifer Ogle testified. All persons interested having been duly notified in accordance with the law, and after hearing, the Plaintiff's Motion for Default Judgment (ECF No. 11) is GRANTED. 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 MTGLQ Investors, LP (“MTGLQ”) the amount adjudged due and owing ($377,900.27) within 90 days of the date of the Judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322, MTGLQ shall forthwith discharge the Mortgage and file a dismissal of this action on the ECF Docket. 2. If the Defendants or their heirs or assigns do not pay MTGLQ the amount adjudged due and owing ($377,900.27) 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 Auburn Property shall terminate, and MTGLQ shall conduct a public sale of the Auburn Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $377,900.27 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 $377,900.27. 5. The priority of interests is as follows: a) MTGLQ Investors, LP has first priority pursuant to the subject Note and Mortgage. b) Stephanie L. McQuade and Donald H. McQuade Jr. have the second priority behind the Plaintiff. 6. No public utility easements survive the foreclosure. 7. The prejudgment interest rate is 6.00%, see 14 M.R.S.A. § 1602-B, and the postjudgment interest rate is 6.65%, see 14 M.R.S.A. § 1602-C. 8. The following information is included in this Judgment pursuant to 14 M.R.S.A. § 2401(3): PARTIES PLAINTIFF COUNSEL MTGLQ Investors, LP John A. Doonan, Esq. Reneau J. Longoria, Esq. Doonan, Graves & Longoria, LLC 100 Cummings Center Suite 225D Beverly, MA 01915 DEFENDANT Donald H. McQuade Jr. 21423 County Road 455 Clermont, FL 34711 Pro Se Stephanie L. McQuade 20 Brandywine Circle Auburn, ME 04210 Pro Se a) The docket number of this case is No. 2:16-CV-00479-GZS. b) All parties to these proceedings received notice of the proceedings in accordance with the applicable provisions of the Federal Rules of Civil Procedure. c) A description of the real estate involved, 20 Brandywine Circle, Auburn, ME 04210, is set forth in Exhibit A to the Judgment herein. d) The street address of the real estate involved is 20 Brandywine Circle, Auburn, ME 04210. The Mortgage was executed by the Defendants on October 21, 2005. The book and page number of the Mortgage in the Androscoggin County Registry of Deeds is Book 6548, Page 136. e) This judgment shall not create any personal liability on the part of the Defendants, but shall act solely as an in rem judgment against the property, 20 Brandywine Circle, Auburn, Maine 04210. SO ORDERED. Dated this 12th day of September, 2017. /s/ George Z. Singal George Z. Singal U.S. District Judge

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