Opinion
Civil Action 2:21-cv-00314-JAW
11-28-2022
Federal National Mortgage Association Plaintiff v. Diane E. Kelley and Lance A. Kelley Defendants
Reneau J. Longoria, Esq. Bar No. 005746 Attorney for Plaintiff Doonan, Graves & Longoria, LLC Lance A. Kelle Diane E. Kelley
Reneau J. Longoria, Esq. Bar No. 005746 Attorney for Plaintiff Doonan, Graves & Longoria, LLC
Lance A. Kelle
Diane E. Kelley
CONSENT JUDGMENT OF FORECLOSURE AND SALE
JOHN A. WOODCOCK, JR., UNITED STATES DISTRICT JUDGE
Now comes the Plaintiff, Federal National Mortgage Association, and the Defendants, Diane E. Kelley and Lance A. Kelley, 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 Federal National Mortgage Association (“FNMA”) the amount adjudged due and owing ($761,951.08) within 90 days of the date of the Judgment, as that time period is calculated in accordance with 14 M.R.S.A § 6322, FNMA 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
$400,000.00
Interest
$247,246.54
Corporate Advance Balance
$15,132.03
Escrow Advance
$99,572.51
Grand Total
$761,951.08
1. If the Defendants or their heirs or assigns do not pay FNMA the amount adjudged due and owing ($761,951.08) 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 Wells Property shall terminate, and FNMA shall conduct a public sale of the Wells Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $761,951.08 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. FNMA may not seek a deficiency judgment against the pursuant to the Plaintiff's waiver of deficiency and the Defendants' Discharge in bankruptcy.
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 $761,951.08.
4. Federal National Mortgage Association has first priority, in the amount of $761,951.08, 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 6.75000%, see 14 M.R.S.A. § 1602-B, and the postjudgment 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):
PLAINTIFF
Federal National Mortgage Association 5600 Granite Parkway Plano, TX 75024
Reneau J. Longoria, Esq. Doonan, Graves & Longoria, LLC 100 Cummings Center Suite 303C Beverly, MA 01915
DEFENDANT
Diane E. Kelley 59 Stark Avenue Wakefield, MA 01880 Pro Se
Lance A. Kelley 59 Stark Avenue Wakefield, MA 01880 Pro Se
a) The docket number of this case is No. 2:21-cv-00314-JAW.
b) The Defendants, the only parties to these proceedings besides FNMA, 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, 16 A & B Blacksmith Road, Wells, ME 04090, is set forth in Exhibit A to the Judgment herein.
d) The street address of the real estate involved is 16 A & B Blacksmith Road, Wells, ME 04090. The Mortgage was executed by the Defendants, Diane E. Kelley and Lance A. Kelley on May 10, 2007. The book and page number of the Mortgage in the York County Registry of Deeds is Book 15159, Page 397.
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, 16 A & B Blacksmith Road, Wells, ME 04090.
SO ORDERED