Opinion
NINTH SUPERIOR COURT DIVISION OF SOUTHERN CUMBERLAND DOCKET NO. RE-12-249
09-27-2013
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff v. MICHAEL D. COOPER, Defendant and KEYBANK NATIONAL ASSOCIATION, Party-in-interest
David E. Steams, Esq.
STATE OF MAINE
CUMBERLAND, SS:
CONSENT JUDGMENT OF FORECLOSURE AND SALE
In consideration of the consent of the parties. Plaintiff is entitled to judgment, on its Complaint, The Court finds as follows: 1. Defendant has breached the conditions of Plaintiff's mortgage originally in favor of Mortgage Electronic Registration System as Nominee for First Horizon Home Loans, a Division of First Tennesee Bank, N.A. and recorded in the Cumberland County Registry of Deeds in Book 26071, Page 1, by assignment subsequently undertaken, to JPMorgan Chase Bank, National Association and recorded in the Cumberland County Registry of Deeds in Book 29593, Page 345, entitling Plaintiff to a Judgment of Foreclosure regarding the premises described therein, also as described in attached Exhibit A hereto and incorporated herewith. 2. As of August 31, 2013, there is due and owing Plaintiff on its said mortgage from Defendant the following:
a. Principal balance of $367,623.76;
b. Accrued interest in the amount of $66,017.16 at the rate of 6.0% per annum per the subject note;
c. Anticipated Attorney's fees and expenses of $2,372.09;3. Pursuant to 14 M.R.S.A. § 1602-C(1)(A), the post judgment interest rate is equal to the interest rate set forth in the note, which is stated above. 4. Party-in-Interest Keybank National Association, who Plaintiff has alleged may claim an interest in the property to be foreclosed upon, and is named and served in this action, failed to appear, answer or otherwise respond to establish a priority amount against the foreclosure sale proceeds.
d. Total Fees in the amount of $ 16.00;
e. Escrow Advance in the amount of $13,975.32;
f. Additional per diem interest after August 31, 2013 in the amount of $60.29 at the rate of 6.00% per annum per the subject note, additional attorney's fees, real estate taxes, costs and amounts advanced to protect the security of Plaintiff's mortgage up to and including the date of redemption or sale.
WHEREFORE, it is hereby Ordered and Decreed that a Judgment of Foreclosure and Order of Sale is hereby entered in favor of Plaintiff, against Defendant, his successors, heirs and assigns, and if Defendant do not pay to Plaintiff the amounts adjudged to be due under Plaintiff's mortgage dated May 9, 2008, as set forth in paragraph 1 above, the balance of which is set forth in paragraph 2 above, with interest accruing (hereon and costs as set forth in paragraph 2 above within ninety (90) days from the date of entry hereof, then Plaintiff shall sell Defendant's real estate free and clear of all liens and encumbrances pursuant to 14 M.R.S.A. §6321. et seq. It is ordered that Plaintiff cause notice of public sale of the premises to be republished once in each of three (3) successive weeks and shall hold said sale not less than thirty (30) days nor more than (45) days after the first date of that publication, all as according to Title 14 M.R.S.A. §6323 and shall disburse the proceeds of such sale in the following amounts and priorities:
a. The first $450,004.33, plus $60.29 per day after August 51, 2013, plus additional attorneys' fees, additional late charges, real estate taxes, costs, expenses of sale and amounts advanced to protect the security of Plaintiff's mortgage up to and including the filing of the report of disbursement of foreclosure sale proceeds and any objections thereto, to the Plaintiff;
b. Any remaining funds to Defendants.
Inasmuch as Defendant has consented to this judgment, no judgment or execution shall issue against Defendant for any deficiency.
In the event Defendant has not redeemed within, the ninety (90) day period as aforesaid and has not vacated the premises, Defendant is ordered to vacate the premises at the conclusion of said period. Whereupon Plaintiff is granted exclusive possession of the real estate and a Writ of Possession shall issue upon request of Plaintiff, its successors or assigns.
All parties have been properly served and given notice of the proceedings giving rise to this judgment in accordance with the applicable provisions of the Maine Rules of Civil Procedure and if notice has been served or given pursuant to an order of the Court, including service by publication, then that notice has been served or given pursuant to such order.
The names and address of all parties to the action, including counsel of record insofar as they are known to the Court are as follows:
The names and address of all parties to the action, including counsel of record insofar as they are known, to the Court are as follows: Defendant: Michael D. Cooper, 7860 Golfview Drive, Citrus Springs, FI. 34434-5716 Party-in-Interest: KeyBank National Association c/o Corporation Service Company, 45 Memorial Circle, Augusta, ME 04330 Plaintiff: JPMorgan Chase Bank, National Association, c/o David E. Stearns, Esq.; P.O. Box 2412, South Portland, ME 04116-2412
Plaintiff's counsel may cause an attested copy of tins judgment to be recorded in the Registry of Deeds in the county or counties in which the subject property is located.
The Clerk is specifically directed pursuant to Rule 79(a) of the Maine Rules of Civil Procedure to enter this Order on the civil docket by notation incorporating it by reference. Dated:9/27/13
/s/_________
Superior Court Justice
ENTERED ON: 10/02/2013 I hereby consent to the entry of judgment as hereinabove.
/s/_________
Michael Cooper-Defendant
On behalf of Plaintiff I hereby consent to the entry of judgment set forth.
/s/_________
David E. Steams, Esq.
CERTIFICATE BY THE CLERK
I, __________, Clerk of the Ninth District Court, pursuant to 14 M.R.S.A, §2401 (3)(F) as amended, do hereby certify that the applicable time period for appeal from the above Judgment of Foreclosure and Order of Sale has expired without, action.
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