Opinion
PORSC-RE-2017-142
10-10-2017
PNC Bank, National Association Plaintiff v. Lesley A. Hurley f/k/a Lesley A. Shinay and Michael Hurley Defendants Deutsche Bank National Trust Company, as Trustee for the Certificateholders of the First Franklin Mortgage Loan Trust 2007-FFB-SS Mortgage Pass-Through Certificates, Series 2007-FFB-SS Maine Revenue Services Parities-In-Interest
John A. Doonan, Esq., Reneau J, Longotia, Esq. Attorney for Plaintiff Doonan, Graves & Longoria, LLC Defendant Lesley A. Hurley, Michael Hurley Party-In-Interest Maine Revenue Services Attn: Kevin J. Crosman, Assistant Attorney General.
John A. Doonan, Esq., Reneau J, Longotia, Esq. Attorney for Plaintiff Doonan, Graves & Longoria, LLC
Defendant Lesley A. Hurley, Michael Hurley
Party-In-Interest Maine Revenue Services Attn: Kevin J. Crosman, Assistant Attorney General.
AGREED ORDER OF FORECLOSURE AND SALE TITLE TO REAL ESTATE IS INVOLVED
NOW COMES the Plaintiff, PNC Bank, National Association, and the Defendants, Lesley A. Huxley f/k/a Leslev A. Shinay Mid Michael Hurley, by and through their undersigned counsel, and hereby submit tins Agreed Order of Foreclosure and Sale. The parties stipulate to the facts as follows:
1. That Defendants have breathed die condition of Plaintiff's mortgage deed, dated July 30, 2004, and recorded in the Cumberland County Registry of Deeds in Book 21620, Page 1 in connection, with the property located at 98 Summit Park Avenue, Portland, ME 04103.
2. That Plaintiff is owed the following under its Note and Mortgage as of May 15, 2017:
Principal:
$ 169, 602.79
Accrued interest
$53, 703.41
Escrow Advance:
$ 23, 448.80
Recoverable Balance:
$ 6, 970, 40
Total:
$253, 725.40
a. additional reasonable expenses incurred by Plaintiff after June 19, 2017 in connection with this action, including the completion of the foreclosure or in connection with a redemption;
b. additional prejudgment interest accruing on said principal balance after May 15, 2017 at the rate of 7.1000% per annum pursuant to the note and post-judgment interest rate of 7.1000% pursuant to 14 M.R.S.A., section 1602-C.
c. any amounts advanced by Plaintiff to protect its mortgage security.
3. The order of priority of the claims of the parties to this action is as follows:
FIRST: The Plaintiff, by virtue of its mortgage in the above amounts and attorney's fees.
SECOND: Deutsche Bank National Trust Company, as Trustee for the Certificateholders of the First Franklin Mortgage Loan Trust 2007-FFB-SS Mortgage Pass-Through Certificates, Series 2007-FFB-SS in the amount of $47, 000.00
THIRD: Maine Revenue Services, in the amount of $3, 344.42 As of September 15, 2017
FOURTH: Maine Revenue Services, in the amount of $6, 733.94 As of September 15, 2017
FIFTH: Maine Revenue Services, in the amount of $6, 446.56 As of September 15, 2017
SIXTH: Maine Revenue Services, in the amount of $2, 601.45 As of September 15, 2017
SEVENTH: The Defendants
4. The Plaintiff's claim for attorney's fees is integral to the relief sought, within the meaning of Rule 54(b)(2) of M.R.Civ.R, and there is no just reason for delay in the entry of final judgment for Plaintiff on all claims, except for the claim for expenses incurred for the following reasons:
a. Upon entry of this judgment, the time periods under 14 M.R.S.A., section 6322 and section 6323 will begin to run even though this judgment, if not entered as final, is subject to later revision;
b. The Plaintiff and any bidders at the foreclosure sale will be exposed to some risk and the sales results prejudiced if the judgment is subject to later revision;
c. Any dispute regarding Plaintiff's claim for expenses incurred may be resolved by Defendants filing a motion contesting Plaintiff's Report of Sale, pursuant to 14 M.R.S.A., section 6324. WHEREFORE, it is hereby ordered and decreed that if Defendants do not pay the Plaintiff the amount due, together with accrued interest and late charges as set forth above, within ninety days of the date hereof, Plaintiff shall sell the mortgaged real estate pursuant to 14 M.R.S.A. §6323 and disburse the proceeds of said sale after deducting the expenses thereof, to the Plaintiff in the amount due on its mortgage and attorney's fees and costs, and the surplus, if any, as outlined in paragraph 3 above.
This judgment does not seek any personal liability of the Defendants as affected by any bankruptcies filed but only seeks an In Rem Judgment against the property.
Plaintiff is granted exclusive possession of the real estate mortgaged to it upon expiration of the statutory ninety (90) day redemption period and Defendants are ordered to vacate the real estate at that time if Defendants have not by that date redeemed the real estate in accordance with statutory procedure. A Writ of Possession shall be issued to Plaintiff for possession of said real estate if it is not redeemed, as aforesaid.
The following provisions are set forth pursuant to 14 M.R.S.A. section 2401:
1. The names and addresses, if known, of all parties to the action, including the counsel of record, are set forth in Schedule A attached hereto.
2. The docket number is PORSC-RE-2017-142.
3. The court finds that all parties have received notice of the proceeding in accordance, widi the applicable provisions of the Maine Rules of Civil Procedure.
4. A description of the real estate involved is set forth in Schedule B attached hereto,
5. The Plaintiff is responsible for recording the attested copy of the Judgment and for paying the appropriate recording fees.
The Clerk is hereby directed to enter this Judgment as a final judgment pursuant to Rule 54(b)(1), except as to expenses incurred by Plaintiff after June 19, 2017, and the Plaintiff shall specify expenses incurred after June 19, 2017 in its Report of Sale, which shall be deemed a timely application for award of additional attorney's fees, notwithstanding the requirements of M-R.CivP, Rule 54(b)(3) to file such application within sixty (60) days after judgment. Defendants may contest the Report of Sale and application for additional attorney's fees by filing a motion pursuant to 14 NLR.S.A. section 6324.
The Clerk is specifically directed, pursuant to M.R.CivP. Rule 79(a) to enter this Judgment on the civil docket by a notation incorporating it by reference.