NATIONSTAR MORTGAGE LLC v. FITZGERALD et al

Filing 26

ORDER ON PLAINTIFF'S MOTION TO VACATE granting 25 Motion to Vacate By JUDGE GEORGE Z. SINGAL. (lrc)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
NATIONSTAR MORTGAGE LLC,
Plaintiff,
v.
SANDRA FITZGERALD &
THOMAS R. FITZGERALD,

Defendants.

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) Docket no. 2:16-cv-632-GZS
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ORDER ON PLAINTIFF’S MOTION TO VACATE
Before the Court is Plaintiff’s Motion to Vacate (ECF NO. 25), which seeks to vacate the
Judgment of Foreclosure and Sale entered on September 12, 2017 (ECF No. 20), pursuant to 14
M.R.S.A. § 6323. Plaintiff has elected to waive the foreclosure judgment pursuant to 14 M.R.S.A.
§ 6323(1), which states in part: “[t]he mortgagee, in its sole discretion, may allow the mortgagor
to redeem or reinstate the loan after the expiration of the period of redemption but before the public
sale. The mortgagee may convey the property to the mortgagor or execute a waiver of foreclosure,
and all other rights of all other parties remain as if no foreclosure had been commenced.”
Having elected to waive the foreclosure judgment, Plaintiff’s Motion to Vacate is
GRANTED. The Judgment of Foreclosure and Sale (ECF No. 20) is hereby VACATED. Pursuant
to Federal Rule of Civil Procedure 41(a)(2)&(d), Plaintiff’s Complaint is hereby DISMISSED
without prejudice and without costs to all parties. Plaintiff is hereby ORDERED to serve a copy
of this Order on Defendants by U.S. Mail.
SO ORDERED.
/s/ George Z. Singal
United States District Judge

Dated this 12th day of February, 2018.