DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
FLAGSTAR BANK, FSB,
)
)
Plaintiff,
)
)
v.
)
Civil Action No. 2011-0015
)
WESLEY P. TORONTO,
)
)
Defendant.
)
________________________________________________)
Attorneys:
A. Jennings Stone, Esq.,
St. Thomas, U.S.V.I.
For Plaintiff
JUDGMENT AND ORDER
UPON CONSIDERATION of the “Motion for Default Judgment” filed by Plaintiff 
Flagstar Bank, FSB (“Flagstar”) against Defendant Wesley P. Toronto (“Toronto”) (Dkt. No. 
15), and the entire record herein, and for the reasons stated in the accompanying Memorandum 
Opinion filed contemporaneously herewith, it is hereby
ORDERED, ADJUDGED, AND DECREED that the Motion for Default Judgment 
filed by Flagstar is GRANTED; and it is further
ORDERED, ADJUDGED AND DECREED that Flagstar has a first priority lien on the 
Property, described in the Memorandum Opinion as
Condominium Unit No. 1-A in Estate Questa Verde Townhouses, a 
Condominium established at plot 11, 12 and 13 Estate Hermon Hill, St. Croix, 
Virgin Islands, according to Declaration of Condominium dated June 26, 1967 
and recorded June 30, 1967 as Doc. No. 1761-1765 in PC 64-M, page 208, and as 
subsequently amended: TOGETHER WITH a 1.22367% undivided interest in the 
common areas and facilities appurtenant to the condominium (the “Property”). 
and it is further
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ORDERED, ADJUDGED AND DECREED that Flagstar is awarded final judgment 
against Defendant Wesley P. Toronto in the amount of $183,783.31; plus accrued interest in the 
amount of $30,961.89 from July 1, 2010 through March 25, 2013; plus escrow advances in the 
amount of $1,886.11; plus $354.00 for inspections or other property preservation fees and 
charges; for a total indebtedness of $216,539.24; and it is further
ORDERED, ADJUDGED and DECREED that such indebtedness shall accrue interest 
in the amount of $32.02 per diem from March 26, 2013 until the date of entry of this Judgment, 
plus interest at the statutory rate of four percent (4.000%) per annum from the date of entry of 
this Judgment until this Judgment is satisfied; and it is further
ORDERED, ADJUDGED AND DECREED that Flagstar may seek an award of costs 
and attorney’s fees to be determined upon appropriate application filed with the Court at any 
time prior to entry of an Order confirming the sale of the Property; and it is further
ORDERED, ADJUDGED AND DECREED that Flagstar’s Mortgage dated May 16, 
2008 and all other liens subsequent or inferior to Flagstar’s Mortgage are hereby 
FORECLOSED; and it is further
ORDERED, ADJUDGED AND DECREED that Defendant Wesley P. Toronto and all 
persons claiming from or under him shall be forever barred and foreclosed from all rights of 
redemption and claims to the Property except for statutory redemption rights in accordance with 
28 V.I.C. § 535; and it is further
ORDERED, ADJUDGED AND DECREED that the Property shall be sold by the 
United States Marshal according to law at a judicially supervised sale and that the proceeds of 
such sale shall be applied first to the expenses associated with any sale, including but not limited 
to the costs of publication and the commission assessed by the United States Marshal’s Service 
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pursuant to 28 U.S.C. § 1921, and then toward satisfaction of this Judgment in favor of Flagstar,
including any costs and attorney’s fees that may be awarded upon application and any sums that 
may be paid by Flagstar for insurance premiums, taxes, and expenditures necessary to maintain 
the Property pending sale, with interest from the date of any such payment; and it is further
ORDERED, ADJUDGED AND DECREED that any surplus remaining after the 
application of the proceeds as provided above, shall be deposited in the registry of the Court
pending further Order; and it is further
ORDERED, ADJUDGED AND DECREED that time is of the essence for the payment 
of all amounts in connection with the Marshal’s Sale; and it is further
ORDERED, ADJUDGED AND DECREED that at any time before or after the 
Marshal’s Sale, Flagstar shall be allowed to assign any or all of its rights under this Judgment or 
any other Order of this Court, in whole or in part, to one or more assignee(s) or nominee(s) 
without notice or approval of any kind; and Flagstar and its nominee(s) and assignee(s) shall be 
allowed to credit bid at such sale and shall be allowed to transfer and/or assign any bids; and it is 
further
ORDERED, ADJUDGED AND DECREED that:
1. Pursuant to V.I. Code Ann. Tit. 5, § 484 (1997), notice of the Marshal’s Sale shall be 
posted for four weeks prior to the sale in a public place in or near the Office of the Clerk 
of Court; and published once a week for at least four consecutive weeks prior to the sale 
in a newspaper regularly issued and of general circulation in the U.S. Virgin Islands. The 
notice shall describe the Property as set forth above and shall contain the terms and 
conditions of sale as set forth herein. 
2.   The terms and conditions of the sale shall be as follows:
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a. The Property shall be seized and sold at public sale at the Office of the U.S. Marshal, 
3013 Estate Golden Rock, Federal Building, Christiansted, St. Croix, U.S. Virgin Islands,
in accordance with 28 U.S.C. §§ 2001 and 2002;
b. Flagstar and its nominee(s) and assignee(s) may bid a credit against its judgment and 
interest thereon, plus any costs, fees, and expenses, without tender of cash;
c. The terms of sale as to all other persons or parties bidding shall be bank check, money 
order, or other certified funds. The successful bidder shall be required to deposit with the 
United States Marshal cash equal to ten percent (10%) of the bidder’s total bid at or 
before 5:00 p.m. on the date of sale; and the remaining ninety percent (90%) of said 
purchase price shall be paid on or before 5:00 p.m. within thirty (30) days, inclusive, of
the date of sale;
d. The successful bidder shall be responsible for the payment of stamp taxes, recording 
fees, and related charges associated with obtaining and recording a deed to the Property;
e. The United States Marshal shall make his report of sale within ten (10) days from the 
date of sale;
f. If no objections have been filed in writing with the Clerk of Court by 10:00 a.m. within 
fifteen (15) days, inclusive, from the date of sale, the sale shall be confirmed upon motion 
of Flagstar or the purchaser.
3.
Flagstar shall have any and all writs necessary to execute the terms of this Judgment; and 
it is further
ORDERED, ADJUDGED AND DECREED that Flagstar shall be entitled, upon proper 
application, to Judgment against Wesley P. Toronto for any deficiency that may remain after the 
sale of the Property; and it is further
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ORDERED, ADJUDGED AND DECREED that copies of this Judgment shall be 
directed to the Parties’ counsel of record, and shall be served by the U.S. Marshal on Defendant 
Wesley P. Toronto.
SO ORDERED.
Date: June 3, 2013
_______/s/_______
WILMA A. LEWIS
District Judge
 
 
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