Eastern Savings Bank v. Nancy L. Taylor (2011)

MEMORANDUM OF DECISION ON PLAINTIFF'S MOTION FOR DEFICIENCY JUDGMENT

A judgment of strict foreclosure having entered in this action on January 25, 2010, and the court having set the law day for the owner of the equity, and the owner having failed to redeem, said case came thence to March 10, 2010, when the plaintiff filed a motion for deficiency judgment, and thence to April 4, 2011, when the plaintiff appeared for hearing on the motion but the defendant did not attend.

The court having heard the evidence, finds as follows:  that title to the subject premises vested in the plaintiff on March 9, 2010.   The plaintiff's claim consists of the judgment debt as of the date of judgment of strict foreclosure of $159,855.88, plus attorneys fees awarded by the court as of the date of judgment of $4,025, plus appraiser's fees of $350, plus a title search fee of $225, plus other costs in the amount of $609, plus interest from the date of judgment to the date of title vesting (43 days at $38.97 per day) of $1,675.71, plus $402.50 in additional attorneys fees and $350.00 in additional appraiser's fees, for a total of $167,493.09.   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 $145,000.   Therefore, the deficiency is $22,493.09.

For all of the foregoing reasons, a deficiency judgment shall enter in favor of the plaintiff, Eastern Savings Bank and against the defendant, Nancy L. Taylor, in the amount of $22,493.09.   The defendant is further ordered to make weekly payments of $35 per week to the plaintiff commencing May 13, 2011.

THE COURT

Robert F. Vacchelli

Judge, Superior Court

Vacchelli, Robert F., J.