Home Loan Investment Bank, F.S.B. v. Goodness & Mercy, Inc. et al, No. 2:2010cv04677 – Document 44 (E.D.N.Y. 2012)

Home Loan Investment Bank, F.S.B. v. Goodness & Mercy, Inc. et al, No. 2:2010cv04677 – Document 44 (E.D.N.Y. 2012)

Court Description: MEMORANDUM OF DECISION AND ORDER – It is hereby ORDERED, that Judge Boyles 41 Report and Recommendation is accepted in part and modified in part as set forth herein. The Court grants the 5 default judgment, and awards the Plaintiff: (1) $509 ,460.35 in principal that is owed under the Note and Mortgage; (2) $50,067.77 in interest, with additional interest to be calculated through the date of judgment at a rate of $80.26 per day; (3) $25,343.65 in escrow fees; (4) $1,3 59.00 in miscellaneous fees; (5) $20,965.00 in attorneys fees; and (6) $3,213.90 in costs, and it is further ORDERED, that the Plaintiff is directed to submit to the Court within ten days of the date of this order, a calculation of the late fees accrued up to the date of the commencement of the foreclosure action, and it is further ORDERED, that the Plaintiff is afforded ten days from the date of this order to either move for a default judgment against the remaining defendants or the Court may dismiss the remaining defendants for failure to prosecute pursuant to Federal Rule of Civil Procedure 41. Ordered by Senior Judge Arthur D. Spatt on 3/30/12. (Coleman, Laurie)

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