LLC v. James Arrington et al. (2011)

MEMORANDUM OF DECISION ON PLAINTIFF'S MOTION FOR DEFICIENCY JUDGMENT

A judgment of strict foreclosure having entered in this action on June 28, 2010, and the court having set the laws day for the owners of the equity and subsequent encumbrancers, and the owners having failed to redeem, said case came thence to August 2, 2010, when the plaintiff filed a Motion for Deficiency Judgment, and thence to the present time when the matter was claimed for court action.

The court having considered the materials, finds as follows:  that title to the subject premises vested in the plaintiff on July 30, 2010.   The plaintiff's claim consists of the judgment debt as of the date of judgment of strict foreclosure of $88,030.40 plus attorneys fees awarded by the court as of the date of judgment of $1,250.00 plus an appraisal fee of $350.00 plus a title search fee of $225.00 plus interest from the date of judgment to the date of title vesting (32 days at $24.76 per day) of $1,034.20, for a total of $91,681.92.   The request for statutory post-judgment interest is denied.   The court finds the fair market value of the property as of the date title vested to be $30,000.00.   Therefore, the deficiency is $61,681.92.

For all of the foregoing reasons, a deficiency judgment shall enter in favor of the plaintiff, Dade Realty Company I, LLC and against the defendants, James Arrington and Paulette Arrington, in the amount of $61,681.92.   Defendants shall make weekly payments in the amount of $25.00 per week commencing February 25, 2011, to the attorney for the plaintiff.

THE COURT

Robert F. Vacchelli

Judge, Superior Court

Vacchelli, Robert F., J.