Opinion
Civil Action 2:22-cv-00073-JAW
04-21-2022
Citibank, NA, as trustee, for the WaMu Mortgage Pass-Through Certificates, Series 2004-CB2 Plaintiff v. Brian S. Eastman and Jeanine M. Eastman Defendants
Reneau J. Longoria, Esq., Bar No. 5746 Attorney for Plaintiff Doonan, Graves & Longoria, LLC
Reneau J. Longoria, Esq., Bar No. 5746 Attorney for Plaintiff Doonan, Graves & Longoria, LLC
CONSENT JUDGMENT OF FORECLOSURE AND SALE
JOHN A. WOODCOCK, JR. UNITED STATES DISTRICT JUDGE
NOW COMES the Plaintiff, Citibank, NA, as trustee, for the WaMu Mortgage PassThrough Certificates, Series 2004-CB2, and the Defendants, Brian S. Eastman and Jeanine M. Eastman, and hereby submit this Consent Judgment of Foreclosure and Sale.
JUDGMENT on Count I - Foreclosure and Sale is hereby ENTERED as follows:
. If the Defendants or their heirs or assigns pay Citibank, NA, as trustee, for the WaMu Mortgage Pass-Through Certificates, Series 2004-CB2 (“Citibank”) the amount adjudged due and owing ($198, 231.76) within 90 days of the date of the Judgment, as that time period is calculated in accordance with 14 M.R.S.A § 6322, Citibank shall forthwith discharge the Mortgage and file a dismissal of this action on the ECF Docket. The following is a breakdown of the amount due and owing:
1
Description
Amount
Principal Balance
$89, 896.57
Interest
$58, 672.20
Escrow/Impound Required
$42, 975.80
Loan Level Advance Balance
$6, 769.75
Unapplied Funds
$-82.56
Grand Total
$198, 231.76
1. If the Defendants or their heirs or assigns do not pay Citibank the amount adjudged due and owing ($198, 231.76) 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 Lisbon Property shall terminate, and Citibank shall conduct a public sale of the Lisbon Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $198, 231.76 after deducting the expenses of the sale, with any surplus to the Defendants or the heirs or assigns, in accordance with 14 M.R.S.A. § 6324. Citibank may not seek a deficiency judgment against the Defendant pursuant to the Plaintiff's waiver of deficiency.
2. Pursuant to 14 M.R.S.A. § 2401(3)(F), the Clerk, if requested, 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.
3. The amount due and owing is $198, 231.76.
4. Citibank, NA, as trustee, for the WaMu Mortgage Pass-Through Certificates, Series 2004-CB2 has first priority, in the amount of $198, 231.76, pursuant to the subject Note and Mortgage and there are no parties in interest other than the Defendants who have second priority.
5. The prejudgment interest rate is 5.75%, see 14 M.R.S.A. § 1602-B, and the post-judgment interest rate is .15%, see 14 U.S.C. § 1961.
6. The following information is included in this Judgment pursuant to 14 M.R.S.A. § 2401(3): 2
PARTIES
COUNSEL
PLAINTIFF
Citibank, NA, as trustee, for the WaMu Mortgage Pass-Through Certificates, Series 2004-CB2 5800 South Corporate Place Sioux Falls, S.D. 57108
Reneau J. Longoria, Esq. Doonan, Graves & Longoria, LLC 100 Cummings Center, Suite 303C Beverly, MA 01915
DEFENDANT
Brian S. Eastman 63 Anthoine Road Windham, ME 04062
Pro Se
Jeanine M. Eastman 63 Anthoine Road Windham, ME 04062
Pro Se
a) The docket number of this case is no. 2:22-cv-00073-JAW
b) The Defendants, the only parties to these proceedings besides Citibank, 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, 6 Fillion Street, Lisbon, ME 04252, is set forth in Exhibit A to the Judgment herein.
d) The street address of the real estate involved is 6 Fillion Street, Lisbon, ME 04252. The Mortgage was executed by the Defendants, Brian S. Eastman and Jeanine M. Eastman on April 2, 2004. The book and page number of the Mortgage in the Androscoggin County Registry of Deeds is Book 5860, Page 248.
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, 6 Fillion Street, Lisbon, 3
SO ORDERED 4