First Federal Savings and Loan Association of Bath v. Mercuro

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STATE OF MAINE SUPERIOR COURT CIVIL ACTION Docket No. RE-15-21 LINCOLN, SS. ••••••• •••••• ••• ••••••••••••••••H.00,.,,,,.,, , ,,,,.,,, ,, , ,,,,,,~ , ,,,u, ,,, , ,,.,, ,.,, ,.,.,,,.,,,,,.,.,o Ho oo,o, ..,,_,,uooo,,,.,,,,,oo., ,,, FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF BATH, Plaintiff I I l ! ! JUDGMENT OF FORECLOSURE AND ORDER OF SALE i ' i v. ! DANIEL R. MERCURO, Defendant ~ i I TITLE TO REAL ESTATE INVOLVED ' i .. , ,,,.,,,,,,,0000000, , ,,,,,.,,, ,,.,,,,,, ,., , ,,,,,oo.,., o+ oo·....••u.....,,o...,.._., , -.., , ,...,.. , u .. Oo o, .. ,,,,,,,,,, ooouo,..., , ,,.,,,,...,,,, ,.o•u,o! Address: 226 Washington Road, Jefferson, Lincoln County, Maine Mortgage: Lincoln County Registry of Deeds Book 4228, Page 218 A bench trial was held in this matter on June 7, 2016, at which the Plaintiff, First Federal Savings and Loan Association of Bath, presented testimony of its President, Andrew Perry. The Defendant did not appear. Based upon the testimony of Mr. Perry and the exhibits admitted at trial, the Court finds as follows: 1. Venue is properly laid in this Court; 2. The parties to this action are as follows : First Federal Savings and Loan Association of Bath, Plaintiff 125 Front Street, PO Box 488 Bath, ME 04530-0488 David R. Mercuro 611 Arnold Ave Point Pleasant Beach, NJ 08742 3. Counsel for the Plaintiff is Zachary I. Greenfield, Esq., of Barns, Greenfield & Thornton, LLC, 361 U.S. Route One, Falmouth, Maine, 04105; 4. No counsel has appeared for the Defendant. 5. All parties have received notice of the proceedings m accordance with the applicable provisions of the Maine Rules of Civil Procedure; 6. The real estate which is the subject of this foreclosure action is situated at 226 Washington Road in the Town of Jefferson, County of Lincoln and State of Maine, being more particularly described in Exhibit A attached hereto. 7. Defendant has defaulted under the terms of a certain $138,500.00 Note given to Plaintiff dated November 20, 2009; 8. Defendant breached the conditions of Plaintiffs mortgage referred to in its Foreclosure Complaint and recorded in the Lincoln County Registry of Deeds in Book 4228, Page 218; 9. The following is due on said $138,500.00 Note as of June 7, 2016: Principal Interest Late Charges Forced Insurance Legal Fees and Costs Appraisal Fee Discharge Fee Postage Charge Total $ 127,776.94 $ 9,463.53 $ 892.74 669.46 $ $ 2,398.40 400.00 $ $ 22.00 8.91 $ $ 141,631.98 Plaintiff is also owed attorney's fees and expenses incurred through the filing of the report of sale and disbursement of proceeds; additional interest accruing on said principal balance from and including June 8, 2016, at the rate of 5.5% per annum ($19.52 per day); and any amounts advanced by Plaintiff to protect its mortgage security. 10. The order of priority and the amount of the claim of each party appearing and proving its claim against the foreclosure sale proceeds is as follows: 2 First Federal Savings and Loan Association of Bath pursuant to mortgage dated FIRST: November 20, 2009, recorded in the Lincoln County Registry of Deeds in Book 4228, Page 218, in the amount of $141,631.98 as of June 7, 2016, plus interest from and including June 8, 2016 at the rate of 5.5% per annum ($19.52 per day), and additional legal fees and expenses through the report of sale and disbursement of proceeds; SECOND: Surplus, if any, to the Defendant. Plaintiff has not joined the holder of any public utility easement as a party to this action. WHEREFORE, it is hereby Ordered and Decreed that if Defendant does not pay Plaintiff the amount adjudged to be due to Plaintiff in Paragraph 9 above within ninety (90) days from the date of entry of this Judgment and Order, Plaintiff (through its agents or attorneys) shall proceed with a sale of the real estate described in the mortgage recorded in the Lincoln County Registry of Deeds in Book 4228, Page 218, pursuant to 14 M.R.S.A. Sections 6321-6324, free of all liens, except liens senior to Plaintiffs mortgage, and shall pay the proceeds of sale, after satisfying expenses of sale, in the priority order and amounts set forth in Paragraph 10 above. If Defendant fails to redeem by paying the above amount adjudged to be due on or before ninety (90) days from the date of entry of this Order, Plaintiff is granted exclusive possession of the real estate described in said mortgage and Defendant is ordered to vacate the real estate at that time. A Writ of Possession shall be issued to Plaintiff for possession of said real estate if it is not redeemed, as aforesaid. An execution shall issue against the Defendant for any deficiency following sale provided that the statutory requirements are met. It is further Ordered and Decreed that pursuant to Rule 79(a), this Judgment of Foreclosure and Order of Sale may be incorporated by reference on the Civil Docket. 3 Plaintiffs counsel shall cause an attested copy of this Order with the signed Clerk's Certification to be recorded in the Lincoln County Registry of Deeds pursuant to Title 14 M.R.S.A. § 2401. The cost for such recording may be added to Plaintiffs mortgage balance. Dated at Wiscasset, Maine this :J ·-+~yof June, 2016. ORDER ENTERED IN COURT'S DOCKET ON: ' ~~~~~~~~~~~ 4 EXHIBIT A A certain lot or parcel ofland together with the building thereon, situated in Jefferson, County ofLincoln and State ofMa:in.e, bollltded and described as follows: BEGINNING .a t a 5/8'' diameter capped rebar set on the westerly side of the highway leading past the dweUing house now or formerly ofAden Turner, formerly orWatson G. Turner, toward Washington, also kno'Wll as State Route 126; THENCE in a southwesterly direction by and along the westerly side ofsaid Route 126 to a 3/4" diameter capped rebar found (PLS 888)(the stnlight line tie hetween. said 5/8'' rebar and said'3/4" rebar be- South 41 ° 00' 10" \Vest and a distance of three hundred thirty~ ing seven. and nine teI1ths (337.9) feet}; TIIBNCE North 48° 9'' 49~' West a distance of one hundred thirty and sixty-one hundredths (130.61) feet to a 3/4" diameter capped rebar found (PLS 888); THENCE North 23 ° 38~ 41" East a distance of seventy-.seven and sixty-seven hnndredths (77.67) feet to a 3/4" diameter capped rebar found {PLS 88.8); THENCE North 58° 17' 1 Ti \'~lest a distance of two hundred fifteen (215) feet to a 5/8" diameter capped rebar set (the last t.bree calls being by and along land now or fonnedyofFrnnk:M. Holmes, Jr.); THENCE North 67° 11' 15''' East passing through a stone 11.1011ument, a distance of three hundred nine and eight tenths (309.8) feet to a 5/8'J diameter capped rebar set; THENCE South 53° 3T 40" Bast a distance ofrn,o hundred thirty (230) feet to the 5/8" rebar at the. point of beginning (the 1ru..i two calls being by ahd along land retained by Friedrich Bormann). Excepting and. reserving a right ofway to Ftied1foh Bom1ann, his heits1 successors and assigns, for utility service :fifteen (15) feet in width along the northeasterly line of the above d~crlbed premises (with a can of South 53 ° 37' 40" East and two hundred thirty (230) feet). Ingress and Egress ,vit:hin said strip shall be pennitted at all times for the purpose of installing, repairing aud maintaining such utilities. Subject to the right of Frank M. Holmes to take water from the well on the above described. prop. rty, said right being more fully described in a deed of Alice Hohnes to e Frank M. Holmes dated August 16> 1973 and reco1·ded in the Lincoln County Registry of Deeds, Book 783,. Page 251. Being a portion of the property described in a: deed ofAllen R Holmes, et al. to Friedrich Bormaun and Hanna G. Bonnann dated September 19, 1996 an.d recorded in the Lincoln County Registry of Deeds,, Bcok 21&4,, Page 75. Friedrich Boxmannis the surviving joint tenant of Hanna G. Bormmm, deceased on 9/22/99. Reference may be had to a Phm entitled 11Boundary Survey prepared for Friedrich Bonnanni Jefferson, Lincoln County, Mrune 0 , Scale 1°=60', dated April 20~ 2004, by Lincoln Surveying Company. Reference: Deed from Friedrich Bou.nann to Daniel R. Mercuro and J e1my-Rose Mercuro ~ated August 16, 2004 and recorded in said. Regfo1.ry at Book 334\ Page, 90. 5

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