PROVIDENT FUNDING ASSOCIATES LP v. BOLDUC

Filing 20

AGREED JUDGMENT of Foreclosure and Sale. It is hereby ORDERED that any motion for attorney's fees shall be filed within the time specified in Local Rule 54.2 of this Court. By JUDGE JON D. LEVY. (akr)

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UNITED STATES DISTRICT COURT DISTRICT OF MAINE Provident Funding Associates, L.P. CIVIL NO: 2:16-cv-00497-JDL Plaintiff vs. Janet Ann Bolduc Defendant RE: 18 Columbia Street, Lewiston, ME 04240 Mortgage: 11/28/2006 Book 6992, Page 22 AGREED JUDGMENT OF FORECLOSURE AND SALE NOW COMES the Plaintiff, Provident Funding Associates, L.P. and Defendant, Janet Ann Bolduc, individually and by and through undersigned counsel, and hereby submit this Agreed Order of Foreclosure and Sale. The parties stipulate as follows: 1. If the Defendant or her heirs or assigns pay Provident Funding Associates, L.P. (“Provident”) the amount adjudged due and owing ($156,708.22) within 90 days of the date of Judgment, as that period is calculated in accordance with 14 M.R.S.A, § 6322, U.S. Bank shall forthwith discharge the Mortgage and file a dismissal of this Action on the ECF Docket. 2. If the Defendant or her heirs or assigns do not pay Provident the amount adjudged due and owing ($156,708.22) within 90 days of the date of the Judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322, her remaining rights to possession of the Lewiston Property shall terminate, and Provident shall conduct a public sale of the Lewiston Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $156,708.22 after deducting expenses of the sale, with any surplus to the Defendant, or her heirs or assigns, in accordance with 14 M.R.S.A. § 6324. Provident has waived the right to seek any deficiency judgment against the Defendant personally. 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 final judgment has been entered following appeal. 4. The amount due and owing is $156,708.22. 5. Provident Funding Associates, L.P., has first priority and that there are no parties in interest other than the Defendant, who has second priority. 6. No public utility easements survive the foreclosure. 7. The prejudgment interest rate is 6.25%, see 14 M.R.S.A. § 1602-B, and the post- judgment 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): a. The Plaintiff is: Provident Funding Associates, L.P. Plaintiff’s counsel is: John A. Doonan, Esq. Doonan, Graves & Longoria, LLC 100 Cummings Center, Suite 225D Beverly, MA 01915 The Defendant, who is not represented by counsel, is: Janet Ann Bolduc Montello Heights 550 College Street Lewiston, ME 04240 b. The docket number of this case is 2:16-cv-00497-JDL. c. The Defendant, the only party to these proceedings besides Provident, received notice of the proceedings in accordance with the applicable provisions of the Maine Rules of Civil Procedure. d. A description of the real estate involved, 18 Columbia Street, Lewiston, ME 04240, is set forth in Exhibit A attached hereto. e. The street address if the real estate involved is 18 Columbia Street, Lewiston, ME 04240. The book and page number of the Mortgage in the Androscoggin County Registry of Deeds is Book 6992, Page 22. Respectfully Submitted: Dated: 4/11/17 /s/John A. Doonan John A. Doonan, Esq., Bar No. 3250 Attorney for Plaintiff Doonan, Graves & Longoria, LLC 100 Cummings Center Suite 225D Beverly, MA 01915 (978) 921-2670 Dated: 4/5/2017 /s/Janet Ann Bolduc Janet Ann Bolduc, Defendant Montello Heights 550 College Street Lewiston, ME 04240 Dated: 4/24/2017 /s/ Jon D. Levy JON D. LEVY Judge, U.S. District Court

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