The opinion
( (
STATE OF MAINE
Cumberland, s( Clerk's Offic.e
STATE OF MAINE MAR 2 .1 20'/8 SUPERIOR COURT
CUMBERLAND, SS. 6}//3~ CIVIL ACTION
RECEIVED DOCKET NO. RE-18-31
MAINE STATE HOUSING AUTHORITY, )
) CONSENT JUDGEMENT OF
Plaintiff, ) FORECLOSURE AND SALE
) AND WAIVER OF REDEMPTION
v. ) PERIOD
)
RICHARD E. KYLE, )
) Title to Real Estate Involved
Defendant. )
Title to 7 Cold Springs Road, Casco, Maine is Involved
Mortgage Recorded in the Cumberland County Registry of Deeds at Book 30973, Page 236
Plaintiff, Maine State Housing Authority ("Plaintiff' or "MaineHousing") and Richard E.
Kyle ("Defendant") (Plaintiff and Defendant shall hereinafter be referred together as the .
"Parties"), hereby cons nt ; o the entry ofjudgment in the above-captioned action, & ~4(1 /ao ){lJJ
a,,:; r1/(/WJ,'
. .
1. That (he record indicates the following Parties and Counsel of Record:
PARTY COUNSEL
Plaintiff: Maine State Housing Authority Julianne C. Ray, Esq.
353 Water Street Perkins Thompson, P.A.
Augusta, ME 04330 P.O. Box 426
Portland, ME 04112-0426
Defendant. Richard E. Kyle None ofrecord
Rumford Community Home
11 John F. Kennedy Lane
Rumford, ME 04276
(Pi487129 I}
.
l (
Maine State Housing Authority v. Richard E. Kyle
Docket No. RE-18-31
111111k t1Ja1J-ftat1s
2. The Parties hereby acknowledge and agre that Defendant has received notice of
71
the proceedings in this action and that the notice was given in accordance with the applicable
provisions of the Maine Rules of Civil Procedure;
3. The Parties agree that venue is properly laid in this Court;
4. Defendant further hereby acknowledges and agrees that, although mediation was
available, he did not participate in foreclosure mediation;
5. The Parties agree that Defendant is in default under the terms of a certain Note
and Mortgage held by Plaintiff dated August 23, 2013 (the "Note"), and acknowledge and agree
that in full compliance with 14 M.R. S .A. § 6111, as amended, on or about September 22, 2017,
Plaintiff's agent notified Defendant by letter sent via US. Mail with Certificate of Mailing that
the Note was in default and demanded cure of the default;
6. The Parties further agree and acknowledge that Plaintiff holds a Mortgage on real
estate located at 7 Cold Springs Road, in the Town of Casco, County of Cumberland, and State
of Maine, to secure the Note, which Mortgage is recorded in the Cumberland County Registry of
Deeds in Book 30973, Page 236; the legal description of the mortgaged property contained in
said Mortgage is incorporated herein by reference; the Mortgage was assigned to Plaintiff by
instrument recorded in Book 31049, Page 83;
7. Defendant irrevocably consents to the entry of Judgment of Foreclosure and Sale
as requested in Plaintiff's January 26, 2018 Complaint, as such.judgment is modified herein,
with respect to the real property described in the Mortgage;
8. The Parties agree that, as of March 6, 2018 (unless otherwise noted), Plaintiff is
owed the following amounts on the Note and Mortgage:
iPl4S7129 I} -2
(
Maine State Housing Authority v. Richard E. Kyle
Docket No. RE-18-31
a. principal balance: $71,551.07
b. deficit in escrow account: $928.58
C. accrued interest through March 6, 2018: $2,823.09
d. attorneys' fees and costs through March 9, 2018: $2,032.39
e. property preservation: $1,065.00
SUBTOTAL: $78,400.13
f. additional reasonable attorneys' and paralegal fees and expenses incurred
by Plaintiff in preparing for and attending the hearing (if necessary); drafting a
letter regarding the period of redemption; obtaining and recording Clerk's
Certification regarding appeal: drafting redemption documents or obtaining a Writ
of Possession and preparing for and conducting the foreclosure sale; filing and
supporting a Report to Court; in obtaining relief from automatic stay in any
sub'}equent proceeding in U.S. Bankruptcy Court; and in pursuing collection of
any deficiency judgment to the extent it is not discharged in bankruptcy;
g. additional interest accruing on said principal balance from and including
March 7, 2018, at the rate of 4.24%;
h. any amounts advanced by Plaintiff to protect its mortgage security;
9. The Parties agree and acknowledge that the order of priority and the amount of
the claim of each party appearing and proving its claim against the proceeds of sale, after
paym ent of expenses of sale, is as follows:
a. Plaintiff Maine State Housing Authority: $78,400.13, plus accrued interest at the
Note rate of 4.24%,, from and including March 7,' 2018, to the date of entry ofjudgment, plus
?,% A~
interest after judgment at~% (the appropriate rate pw·suant to 14 M.R.S.A. § 1602-C because ' 'l'IJ
the No te rate is Jes~ than ~
~ulo. the weekly average one-year United States Treasury bill rate as / ~
r /I'/
publis hed by the Board of Governors of the Federal Reserve System for the last full week of
2017, plus 6%); and
b. Defendant: any excess proceeds from sale, pursuant to 14 M.R.S.A. § 6324;
nof
10. The Parties agree that Plaintiffs claim for attorneys' fees is integral to the relief
,1
(Pl487129 I) -3
Maine State Housing Authority v. Richard E. Kyle
Docket No. RE-18-31
sought, within the meaning of M.R. Civ. P. 54(b)(2); and
11 . The Parties agree that there is no just reason for delay in the entry of final
judgment for Plaintiff on all claims, ex.cept for the claim for attorneys' fees incurred by Plaintiff
after March 9, 2018, for the following reasons: (a) ifjudgment is granted, but not entered as
final , the time periods set forth in 14 M.R.S.A §§ 6322 and 6323 will commence even though the
judgment is subject to later revision; (b) Plaintiff and any bidders at the foreclosure sale would
be exposed to some risk in proceeding to a sale ifjudgment is not final and remains subject to
revision; and (c) any dispute regarding attorneys' fees incurred by Plaintiff after March 9, 2018,
may be resolved by Defendant filing a motion contesting Plaintiffs Report of Public Sale as
provided in 14 M.R.S.A. § 6324;
12. The Parties agree that if Defendant, his heirs or assigns, do not pay the Plaintiff
the amounts adjudged to be due to Plaintiff in paragraph 8 above upon entry of this Order,
Plaintiff (through its agents or attorneys) shall, unless it elects to allow Defendant to cure and
reinstate, proceed with a sale of the real estate described in the mortgage deed recorded in the
Cumberland County Registry of Deeds in Book 30973, Page 236, pursuant to 14 M.R.S.A. §§
6321-6324, free and clear 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 9 above. If Defendant, his heirs or assigns pay to Plaintiff the sum adjudged to be
/J
due to Plaintiff in paragraph 9 upon entry of this Order, then Plaintiff shall forthwith discharge
the Mortgage and file a dismissal of the action for foreclosure with the Clerk of the Court;
. 13. The Parties further irrevocably waive any right to appeal this Consent Judgment,
and agree that this Consent Judgment shall bec.ome final immediately upon entry by the Court,
and that, Plaintiff shall be entitled, at its option, without further hearing to take exclusive
[Pl487129. 1) -4
(
Maine State Housing Authority v. Richard E. Kyle
Docket No. RE-18-31
possession of the real estate described in Plaintiffs Mortgage, and a writ of possession shall then
issue forthwith upon Plaintiffs request;
14. Defendant further acknowledges and irrevocably agrees that upon entry of this
Order, at Plaintiff's option, a vvrit of possession shall issue, and that Defendant has then lost all
rights in the mortgaged property, and all persons claiming under them must vacate the premises,
including all personal property, on or before midnight of the following day;
15. The Parties further hereby ack!.1owledge that they have reviewed this Consent
Judgment and fully considered their options in this action;
16. Plaintiff warrants that it owns the subject Mortgage and Note and that it has not
sold, assigned or otherwise transferred the subject Note and Mortgage;
17. The Parties agree that the Clerk shall enter the following in the docket:
"Consent Judgment of Foreclosure and Sale entered for the Plaintiff as a final judgment
except for attorneys' fees incurred after March 9, 2018. Said Order is incorporated in the docket
by reference. This entry is made in accordance with M.R. Civ. P. 79(a) at the specific direction
oftheCourt." j M
Dated a ~ Maine. this i 'f/J?.y ____!t1cl;
of , 2018.
Date Order Entered on the Court's Docket: A?;,121 2.f))B
I hereby certify that the applicable appeal period expired without action on _ _ _ __ _ _
CLERK, CUMBERLAND COUNTY SUPERIOR
COURT
{P1487129. I} -5
( r·
Maine State Housing Authority v. Richard E. Kyle
Docket No. RE-18-31
Dated at Portland, Maine, this 21st day of March, 2018.
Juli~ No. 3886
Attorney for Plaintiff, Maine State Housing
Authority
STATE OF MAINE
COUNTY OF CUMBERLAND March 21, 2018
Then personally appeared the above-named Julianne C. Ray in her capacity as Attorney for Maine
State Housing Authority and acknowledged the foregoing instrument to be her free act and deed in
her said capacity and the free act of deed of said Maine State Housing Authority.
Before me,
!Jjptt!.~
~ AMANDA L. ROBERTSHAW
Notary Public - Maine
· My Commission Expires
• July 12, 2023
• I '
(Pl4871291) -6
(
Maine State Housing Authoritv v. Richard E. Kyle
Docket No. RE-18-31
, Maine, this I~ day of M h-iLcl... 2018.
RiZhard.Kyle
STATE OF MAINE
COUNTY OF OXFORD, SS . ......M~rl'r-~IL~c..---'-k~'-~---r----' 2018
Personally appeared the above-named Richard E. Kyle and made oath that he has read the
foregoing Consent Judgment of Foreclosure and Sale and acknowledged that this Consent Judgment
to be his free act and deed.
Before me,
~ ~ < - / '1•+-~
NotaryPublc/Attomey at Law
C-«J'?:ie.!h -::r-· ~h~o,..
Typed or Printed Name
My Commission expires: \ l;; _ \c).O.l.o
{P1487129 I J -7