PNC Bank v. Hurley

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STATE OF MAINE CUMBERLAND, ss. SUPERIOR COURT LOCATION: PORTLAND DOCKET NO. PORSC-RE-2017-142 PNC Bank, National Association Plaintiff vs. Lesley A. Hurley f/k/ a Lesley A. Sbinay and Michael Hurley Defendants Deutsche Bank National Trust Company, as Trustee for the Certificateb.olders of the First Franklin Mortgage Loan 'trust 2007-FFB-SS Mortgage Pass-Through Certificates, Series 2007-FFB-SS Maine Revenue Services Parties-In-Interest AGREED ORDER OF FORECLOSURE SALE ITLE TO REAL ESTATE IS INVOLVED ORTGAGED PREMISES: 8 Summit Park Avenue Portland, ME 04103 Book 21620, Page 1 NOW COMES the Plaintiff, PNC Bank, National Association, and.the Defendants, Lesley A. Hw:ley f/k/a Lesley A. Shinay and Michael Hurley, by and through their undersigned counse~ and hereby submit this Agreed Order of Foreclosure and Sale. The parties stipulate to the facts as follows : 1. That Defendants have breached the 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 tl1e 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: Accrued interest: Escrow Advance: Recoverable Balance: Total: a. $169,602.79 $ 53,703.41 $ 23,448.80 $ 6,970.40 $253,725.40 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 p1-i..ncipal 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. 3. any amounts advanced by Plaintiff to protect it.s mortgage security. The order of priority of the claims of the parties to this action is as follows: FIRST: The Plaintiff, by virtue of its m.ottgage in the above amounts and attorney's fees. SECOND: Deutsche Bank National Trust Company, as Trustee for the Certificateholders of tbe First Franklin :r:vfortgage Loan Trust 2007 FFB-SS Mortgage Pass-Through Certificates, Series 2007-FFB-SS in thf'. amnnnt nf $47/)00.00 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.P., and there is no just reason for delay in the entry of final judgment for Plaintiff on all claims, except for the claim for e:is.'Penses 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 h1.ter 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 rev1S1on; c. Any dispute regarding Plaintiff's claim for expenses incurred may be 1:esolved 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, witJ1in 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. Thi.rj11dgvwu docs not .rdek_f!!!J,;11 .Per.ronal liabiliJy q/ the Df1e11dan.t.r a.r q;(fectcd by a,ty bankmptdcsfiled but onfy seekJ" an 111 Ram Judgmmt against the proper~tr. Plaintiff is granted e~dusive 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 jf Defendants have not by that date redeemed the real estate in accordance with statutory procedure. A Writ of Possession shaJl be issued to Plaintiff for possession of said real estate if it is not redeerned, as aforesaid. The following provisions arc 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 cotmsel 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 with the applicable provisions of the Maine Rules of Civil Ptocedure. 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.Civ:P. Rule 54(b)(3) to file such application within sixty (60) days after judgment. Defendants may contest the Repoi:t of Sale and application for additional attorney's fees by filing a motion pursuant to 14 M.R.S.A. section 6324. The Clerk is specifically directed, pursuant to M.R.Civ.P. Rule 79(a) to enter th.is Judgment on the civil docket by a notation incorporating it by reference. Dated,.:;;-/3/ J f ~ n .A... Doonan, Esq., Bar No. 32 ·· Rcn.eauJ. Longoria, Esq., Bar No. 5746 Attorney for Plaintiff Doonan, Graves & Longoria, LLC 100 Cummings Center Suite 225D Beverly; 1'v1A O191 S (978) 921-2670 Jus&e, Superior Court Date entered .into the docket: Dated: &(2-ff((f Lesley A. Hurl f/k/a Le'.ley 98 Summit P, <Avenue Ai Portland, ME 04103 Dated: b \ 1i I?,o 1 1 Defendant Michael Hurley 98 Summit Park Avenue Portland, ME 04103 J?.EC]) C.lJfi~~ :-:LF.J~~";s fJ ~ ~JllL J0'17PJj4:(J3 Dated: in J. Crosman, Assist t Attorney General 111 Sewell Street, 6th Floor Augusta ME 04333 .Rf GI) GUMB Cl FRKS JUL 1 0 '17 .FJ14: 03 rn Dated: Party-In-Interest First FrankJin Financial a Division of National City Bank of Indiana c/o Agent CT Co1poration Systen.1 1536 Main Street Readfield ME 04355 SCHEDULE A PARTIES COUNSEL PLAINTIFF PNC Bank, National Association John A. Doonan, Esq. Reneau J. Longoria, Esq. 100 Cw.runings Center Suite 225D Beverly, MA 01915 DEFENDANTS Lesley A. Hurley f/k/a Lesley A. Shinay 98 Sununit Pa.i;k A.venue Portland, ME 04103 Pro Se Michael Hurley 98 Stu1m11.t Park Avenue Portland, ME 04103 PARTIES-IN INTEREST First Franklin Fu1ancial, a division of Not Appeared National Cit-y Bank of Indiana 60 Wall Street New York, NY 1005 Maine Revenue Services Kevin Crosman Assistant Attorney General 6 State House Station Augusta, ME 04333 . .... _ ,.,~ .....t.... ..... ..,.....,,,_._.,._ .... ...t., ..... ,:, .• ~ ... ... . ., SCHEDULES A CErtaJn lot or parcel of land with the b.ulldfngs thereon sft1lared In Portland, CoU!1lY or CUmberland and State of Maine, and being lot 42 on Summlt park Avenue- a!: deHneate<f qn a.Piao of a portion of Summit P-cJrl<, ~ ic:c:Hcin 2, ov~ed by ;e.ner.i! n~vc!foplnl.l\l 1 1., :;atd Plan clol·c(I 01;!.o!Jtw 13; 1%9 :md i-ecorded fn • 1 the Clllnl,c1l11nd Countty R1:gl:.l1y of r)(~cds 111Plan Dool: .5'2, Page 26, a!. nivlstXI iti J)l;;i11 &.'a P'orikin of S\lmm/t rork Rev/~cd, iMnad by Ga.11er,1J l),Nc~!OJ)lncn( c.c,., cJlitcd Febnu>rv 1.%0 ,mtl r&:0rde:.od fa the Coinberl.<1pd O>unty Reglstiy" or O~ed!I In f>lan 13ook 53, Page 36, · F.lc1U1g ll!e Silll)e /)N fill roi: CUr!V<NCd lo U!e (,r,'ln!qfr. ll<Uillll, r.c=lk)' /\. !lhfnny 01I~ Mfr.111lcl P. Hur/r.y, hy de<:d r,f even or.nc;ir dab~ robe rccotdl-:1 i11;.rr:c:wltli. Dain!) <Jlso l11e..:.arne pmmlWS'ai11Voyc<l lr.> .lohn A. Robart~on ny cte,Mt llf ~hoM11 ;),· R-0~rtson re_rotd~rl en) J/G/01 rn tl1e Cuml.YJl'IHncl (0111 1y llr•oN1,y nf DL u.~ Doo!c i0743, 1>1:1.yo_165'. Fl.11·111~· r~furenc.:: ls·ntlldc-: to a aet'll O'Qm Jilc-quclhl~} M. Marquis f/k/a ~s .;r~cc1tld/lrac--M ,·Qllcllel:te to Jtll/1 A. Robc-irtson.and Rlio1 \dn J. Rol,c. t!ion, mcortfod on 6/9/03 111 said r Ri:..ogfa~1y of Qecd$i a~ 1JtJ...'1k i951H, f-'rtge 913. · I ~··l . --·-·· ·' · · - --r-·· · - ··· · ··1· prod/1.18-8 MAINE JUDICIAL INFORMATION SYSTEM 08/10/2017 erichard CUMBERLAND COUNTY SUPERIOR COURT mjxxi013 PAGE A - ATTORNEY BY CASE VIEW PNC BANK NA VS MICHAEL HURLEY ET AL UTN:AOCSsr -2017-0038372 CASE #:PORSC-RE-2017-00142 ___ _________________________ 01 0000003250 ;:;' :e DOONAN_,__ JOHN A : 100 CUMMINGS CENTER, STE 225D BEVERLY MA 01915 F ,. :· · < PNC BANK NA PL 0 2 0 0 0 0 0 0 4 2 7 9 ;:/J =:x-c~:1:· RTND 05/26/2017 .:.:.: / ;. CROSMAN, KEVIN J ------'------------------------- ;<>'.>( :; 6 STATE HOUSE STATION AUGUSTA ME 04333-0006 F '' :;;; . MAINE REVENUE SERVICES PII RTND 06/14/2017 Enter Option: A=Add, B+Sel=Browse, M=More, R+Sel=RltnEdit: Select the EXIT KEY for page selection line. L

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