Opinion
Civil Action 1:23-cv-00151-JAW
08-15-2023
DLJ Mortgage Capital, Inc. Plaintiff v. Billie-Jo Boobar and Craig Boobar a/k/a Craig Alan Boobar Defendants
JUDGMENT OF FORECLOSURE AND SALE
Tliis matter came before the Court for a testimonial hearing on Plaintiffs Motion for Default Judgment on August 15, 2023. Plaintiff, DLJ Mortgage Capital, Inc., was present and represented by John A. Doonan, Esq. Defendants, Billie-Jo Boobar and Craig Boobar a/k/a Craig Alan Boobar, did not appear.
All persons interested having been duly notified in accordance with the law, and after hearing, the Plaintiffs Motion for Default Judgment is GRANTED. Count II - Breach of Note, Count III - Breach of Contract, Money Had and Received, Count IV - Unjust Enrichment are hereby DISMISSED without prejudice at the request of the Plaintiff. JUDGMENT on Count I -Foreclosure and Sale is hereby ENTERED as follows:
1. If the Defendants or their heirs or assigns pay DLJ Mortgage Capital, Inc. (“DLJ Mortgage”) the amount adjudged due and owing ($113,119.95) within 90 days of the date of the Judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322, DLJ Mortgage 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:
| Description | Amount |
| Principal Balance | $92,794.13 |
| Interest | $10,606.55 |
| Escrow Advance | $9,384.35 |
| Advance Balance | $334.92 |
| Grand Total | $113,119.95 |
2. If the Defendants or their heirs or assigns do not pay DLJ Mortgage the amount adjudged due and owing ($113,119.95) 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 Howland Property shall terminate, and DLJ Mortgage shall conduct a public sale of the Howland Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $113,119.95 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. DLJ Mortgage may not seek a deficiency judgment against the Defendants pursuant to the Plaintiffs waiver of deficiency at trial.
3. In the event that the Defendant, and anyone occupying the premises, do not vacate the property upon termination of his/her right to possession, DLJ Mortgage may reopen this matter to seek a Writ of Assistance and/or Writ of Possession to be served by the U.S. Marshals Service pursuant to Federal Rule of Civil Procedure 4.1(a) consistent with this Judgment.
4. 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.
5. The amount due and owing is $113,119.95.
6. DLJ Mortgage Capital, Inc. has first priority, in the amount of $113,119.95, pursuant to the subject Note and Mortgage and there are no parties in interest other than the Defendants who have second priority.
7. The prejudgment interest rate is 2.00000%, see 14 M.R.S.A. § 1602-B, and the pos-tjudgment interest rate is 5.36%, see 28 U.S.C. § 1961.
8. The following information is included in this Judgment pursuant to 14 M.R.S.A. § 2401(3):
| PARTIES | COUNSEL | |
| PLAINTIFF | DLJ Mortgage Capital, Inc. c/o Selene Finance LP, 9990 Richmond Avenue, Suite 400 Center South Hous ton, TX 77042 | John A. Doonan, Esq. Doonan, Graves & Longoria, LLC 100 Cummings Suite 303C Beverly, MA 01915 |
| DEFENDANT | Billie-Jo Boobar 652 Maxfield Road Howland, ME 04453 | Pro Se |
| Craig Boobar 652 Maxfield Road Howland, ME 04453 | Pro Se |
PARTIES-IN-INTEREST
a) The docket number of this case is No. 1:23-cv-00151-JAW
b) The Defendants, the only parties to these proceedings besides DLJ Mortgage, 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, 652 Maxfield Road, Howland, ME 04453, is set forth in Exhibit A to the Judgment herein.
d) The street address of the real estate involved is 652 Maxfield Road, Howland, ME 04453. The Mortgage was executed by the Defendants, Billie-Jo Boobar and Craig Boobar on November 4, 2005. The book and page number of the Mortgage in the Penobscot County Registry of Deeds is Book 10183, Page 314.
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, 652 Maxfield Road, Howland, ME 04453.
SO ORDERED .