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13-3633 - Eastern Savings Bank, FSB v. Bowen et al


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13-3633 - Eastern Savings Bank, FSB v. Bowen et al
May 17, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS: Eastern's motion to amend paragraph 23 of the complaint, nunc pro tunc, as previously provided, is granted, as is its motion to default ECB, PVB, TAB, Peter Bowen and KMV Driving School. Lastly, Eastern's motion for summary judgment of foreclosure against all defendants is granted in its entirety. Bowen's cross- motion for summary judgment is denied. The Clerk of Court is directed to amend the caption to correct the spelling of Mathew Bowen's name to read "Matthew Bowen a/k/a/ Mathew Bowen," to substitute Peter Bowen in place of John Doe #1 and KMV Driving School in place of John Doe #2, and to remove dismissed parties John Does #3 through #6. Plaintiff is directed to submit a proposed judgment, order of foreclosure and any other papers necessary for their implementation. So Ordered by Judge Eric N. Vitaliano on 5/13/2016. (c/m to pro se) (Lee, Tiffeny)
May 31, 2017
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MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS, for the reasons set forth below, the R&R is adopted with modification. The Clerk of the Court is further directed to enter judgment in the amount $646,296.93 for ESB and enter the Proposed Judgment of Foreclosure and Sale, annexed hereto as Exhibit A. The judgment amount includes: $279,632.45 in unpaid principal; $225,849.75 in interest accured on the unpaid principal through 7/15/16; $527.35 in late fees; $87,014.49 in escrow advances; $35,333.42 in interest accured on escrow advances; $14,887.50 in attorney's fees; and $3,051.97 in costs. Pltff's motion for default judgment is granted against the defaulting defts. The Court certifies, pursuant to 28 USC sec. 1915(a)(3), that any appeal from this order would not be taken in good faith and, therefore, in forma pauperis status is denied for purpose if an appeal. The Clerk of Court is directed to close this case for administrative purposes. (Ordered by Judge Eric N. Vitaliano on 5/20/17) c/m (Galeano, Sonia)