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)

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