NATIONSTAR MORTGAGE LLC v. FITZGERALD et al

Filing 20

JUDGMENT OF FORECLOSURE AND SALE re 14 Motion for Default Judgment By JUDGE GEORGE Z. SINGAL. (Attachments: # 1 Exhibit A- Property Description) (lrc)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
Nationstar Mortgage LLC

CIVIL ACTION NO: 2:16-cv-00632-GZS

Plaintiff
vs.

RE:
360 Holmes Road, Scarborough, ME 04074

Sandra Fitzgerald and Thomas R.
Fitzgerald

Mortgage:
March 11, 1998
Book 13667, Page 084

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, Nationstar Mortgage LLC, was present and
represented by John A. Doonan, Esq. Defendants Sandra Fitzgerald and Thomas R. Fitzgerald
did not appear. Twelve (12) exhibits were introduced into evidence. Marc Berninger 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. 14) 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 Nationstar Mortgage LLC (“Nationstar”)
the amount adjudged due and owing ($152,860.89) within 90 days of the date of the
Judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322,
Nationstar 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 Nationstar the amount adjudged due
and owing ($152,860.89) 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 Scarborough Property shall terminate, and Nationstar shall conduct a public sale of
the Scarborough Property in accordance with 14 M.R.S.A. § 6323, disbursing the
proceeds first to itself in the amount of $152,860.89 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 $152,860.89.

5.

The priority of interests is as follows:
a)

Nationstar Mortgage LLC has first priority pursuant to the subject Note and
Mortgage.

b)

Sandra Fitzgerald and Thomas R. Fitzgerald have the second priority behind the
Plaintiff.

6.

No public utility easements survive the foreclosure.

7.

The prejudgment interest rate is 7.375%, 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

Nationstar Mortgage LLC

John A. Doonan, Esq.
Reneau J. Longoria, Esq.
Doonan, Graves & Longoria, LLC
100 Cummings Center
Suite 225D
Beverly, MA 01915

DEFENDANT
Sandra Fitzgerald
360 Holmes Road
Scarborough, ME 04074

Pro Se

Thomas R. Fitzgerald
360 Holmes Road
Scarborough, ME 04074

Pro Se

a)

The docket number of this case is No. 2:16-cv-00632-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, 360 Holmes Road, Scarborough, ME
04074, is set forth in Exhibit A to the Judgment herein.

d)

The street address of the real estate involved is 360 Holmes Road, Scarborough,
ME 04074. The Mortgage was executed by the Defendants on March 11, 1998.
The book and page number of the Mortgage in the Cumberland County Registry
of Deeds is Book 13667, Page 084.

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,
360 Holmes Road, Scarborough, Maine 04074.

SO ORDERED.

Dated this 12th day of September, 2017.

/s/ George Z. Singal
George Z. Singal
U.S. District Judge