Opinion
Civil Action No. 1:11-CV-00305-JL
05-23-2012
PAUL F. MONDELLO Plaintiff, v. FEDERAL HOME LOAN MORTGAGE CORPORATION Defendant.
JURY TRIAL DEMANDED
STIPULATION TO SET ASIDE AND RESCIND FORECLOSURE
AND FOR DISMISSAL
Plaintiff Paul F. Mondello, by his attorney Peter G. McGrath, Esquire, and Defendant Federal Home Loan Mortgage Corporation ("FHLMC"), by its attorneys, Preti, Flaherty, Beliveau & Pachios, PLLP, respectfully submit the within Stipulation for approval by the Court:
1. The March 30, 2011 foreclosure sale of the real property of Paul and Amy Mondello, commonly known as 25 Elk Drive, Bedford, New Hampshire, is hereby set aside and the Foreclosure Deed to FHLMC recorded at Book 8329 Page 0392 in the Hillsborough County Registry of Deeds is hereby rescinded.
2. The mortgage dated March 22, 2005, executed by Paul and Amy Mondello as husband and wife, which Mortgage was recorded on March 28, 2005 with the Hillsborough County, New Hampshire at Book 7430, Page 2407, the note evidencing the indebtedness secured by said mortgage, dated March 22, 2005, and executed by Paul and Amy Mondello, and the deed recorded with the Hillsborough County Registry of Deeds at Book 6186, Page 893 will be restored.
3. This matter is dismissed with prejudice, with each party to bear their own costs and fees.
Respectfully submitted,
PAUL F. MONDELLO
By his attorneys,
MCGRATH LAW FIRM, P.A.
_________________________
Peter G. McGrath, NH Bar # 5564
Daniel J. Corley
20 Montgomery Street
Concord, NH 03301
(603)224-7111
pmcgrath@mcgrathlawfirm.com
dcorley@mcgrathlawfirm.com
FEDERAL HOME LOAN
MORTGAGE CORPORATION
By its attorneys,
PRETI, FLAHERTY, BELIVEAU
& PACHIOS, PLLP
_________________________
Peter G. Callaghan, NH Bar #6811
P.O. Box 1318
Concord, NH 03302-1318
(603)410-1500
peal 1 aghan@preti .com
Stipulation Approved. So Ordered.
_________________________
Joseph N. Laplante, United States
District Judge