Mondello v. Federal Home Loan Mortgage Corporation

Filing 16

///ORDER APPROVING 15 STIPULATION to Set Aside and Rescind Foreclosure and Dismissal as to Case. So Ordered by Chief Judge Joseph N. Laplante.(cmp)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE PAUL F. MONDELLO Plaintiff, v. Civil Action No. 1: 11-CV-00305-JL JURY TRIAL DEMANDED FEDERAL HOME LOAN MORTGAGE CORPORATION Defendant. STIPULATION TO SET ASIDE AND RESCIND FORECLOSURE AND FOR DISMISSAL Plaintiff Paul F. Mondello, by his attorney Peter G. McGrath, Esquire, and Defendant Federal Home Loan Mortgage Corporation ("FHLMC"), by its attorneys, Preti, Flaherty, Beliveau & Pachios, PLLP, respectfully submit the within Stipulation for approval by the Court: 1. The March 30, 2011 foreclosure sale of the real property of Paul and Am y Mondello, commonly known as 25 Elk Drive, Bedford, New Hampshire, is hereby set aside and the Foreclosure Deed to FHLMC recorded at Book 8329 Page 0392 in the Hillsborough County Registry of Deeds is hereby rescinded . 2. The mortgage dated March 22, 2005 , executed by Paul and Amy Mondello as husband and wife, which Mortgage was recorded on March 28, 2005 with the Hillsborough County, New Hampshire at Book 7430, Page 2407, the note evidencing the indebtedness secured by said mortgage, dated March 22, 2005 , and executed by Paul and Amy Mondello, and the deed recorded with the Hillsborough County Registry of Deeds at Book 6186, Page 893 will be restored. 2946398 .1 3. This matter is dismissed with prejudice, with each party to bear their own costs and fees. Respectfully submitted, PAUL F. MONDELLO By his attorneys, MCGRATH LAW FIRM, P.A. Is/ Peter G. McGrath Peter G. McGrath, NH Bar# 5564 Daniel J. Corley 20 Montgomery Street Concord, NH 03301 (603) 224-7111 pmcgrath@mcgrathlawfirm.com dcorley@mcgrathlawfirm.com Date: May 22, 2012 FEDERAL HOME LOAN MORTGAGE CORPORATION By its attorneys, PRETI, FLAHERTY, BELIVEAU & PACHIOS, PLLP Is/ Peter G. Callaghan Peter G. Callaghan, NH Bar # 6811 P.O. Box 1318 Concord, NH 03302-1318 (603) 410-1500 pcallaghan@preti.com Date: May 22, 2012 Stipulation Approved. So Ordered. Date: >fo/t k -22946398 . 1

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