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TREASURE ISLE, INC. v. McCARTHY

454 A.2d 838 (1983)

TREASURE ISLE, INC. v. Raymond McCARTHY, et al.

Supreme Judicial Court of Maine.

Decided January 19, 1983.

Attorney(s) appearing for the Case

William W. Willard (orally), Christopher L. Vaniotis, Bernstein, Shur, Sawyer & Nelson, Portland, for plaintiff.

Lawrence C. Winger (orally), Herbert H. Bennett & Associates, P.A., Peter R. Kraft, Portland, for defendants.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, CARTER, VIOLETTE and WATHEN, JJ.

MEMORANDUM OF DECISION.

In June of 1981, the mortgagee, Treasure Isle, Inc., obtained an order of foreclosure and sale pursuant to 14 M.R.S.A. §§ 6321-6325 (1980) against the mortgagors, Raymond and Margaret Mary McCarthy. The McCarthys did not redeem their property and Treasure Isle purchased it at the foreclosure sale for less than the amount due. Treasure Isle subsequently filed a motion entitled "Motion For Execution" accompanied by an affidavit reporting...

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