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Federal National Mortgage Association v. The Clifton P. Hamm Revocable Living Trust PORSC-RE-16-196

Superior Court of Maine, Cumberland

January 26, 2017

FEDERAL NATIONAL MORTGAGE ASSOCIATION PLAINTIFF
v.
THE CLIFTON P. HAMM REVOCABLE LIVING TRUST DATED MARCH 15, 2010 DEFENDANT AND SECRETARY OF HOUSING AND URBAN DEVELOPMENT PARTIES IN INTEREST

          Marilyn S. Daley, Successor Trustee Date Secretary of Housing and Urban Development

          Thomas E. Delahanty II Esq. Date Federal National Mortgage Association

          Leonard F. Morley, Jr., Esq.

          CONSENTED JUDGMENT OF FORECLOSURE AND SALE WITH WAIVER OF REDEMPTION TITLE TO REAL ESTATE IS INVOLVED

         109 Lyons Point Road, Gray, Maine 04039 Cumberland County Registry of Deeds Book 26505, Page 339

         With the consent of the parties, the Court finds as follows:

         1. The Plaintiff is the owner and mortgagee of record of a mortgage given by Clifton P. Hamm to Financial Freedom Senior Funding Corporation recorded in the Cumberland County Registry of Deeds in Book 26505, Page 339 (the "Mortgage"), affecting real property located at 109 Lyons Point Road, Gray, Maine 04039, more particularly described in the legal description attached to the Mortgage (the "Premises").

         2. The Mortgage was assigned by Financial Freedom Senior Funding Corporation to Mortgage Electronic Registration Systems, Inc., as nominee for Financial Freedom Acquisition LLC by assignment recorded October 2, 2009 in Book 27300, Page 101. The Mortgage was further assigned to OneWest Bank N.A. by assignment recorded March 5, 2015 in Book 32115, Page 314, and ratified by Financial Freedom Acquisition LLC by ratification of assignment executed on May 16, 2016. The Mortgage was further assigned to Federal National Mortgage Association by assignment recorded May 4, 2016 in Book 33084, Page 163.

         3. Clifton P. Hamm conveyed his interest in the premises to himself as trustee of The Clifton P. Hamm Revocable Living Trust dated March 15, 2010 by deed recorded July 12, 2010 in Book 27908, Page 140.

         4. Clifton P. Hamm died on December 16, 2015.

         5. Marilyn S. Daley is the successor trustee to The Clifton P. Hamm Revocable Living Trust dated March 15, 2010 and the execution of this consent judgment by Marilyn S. Daley shall constitute a Certification of Trust pursuant to 18-B M.R.S. § 1013 that she is the successor trustee of said trust with authority to convey the subject property and to act on behalf of the trust in judicial proceedings, and a certification that the trust has not been revoked, modified or amended in any manner that would cause the foregoing representations to be incorrect.

         6. In accordance with the terms of the Mortgage, all sums advanced pursuant to the Mortgage and the Note secured thereby were due and payable in full upon the death of the mortgagor.

         7. As of May 31, 2016, the following amounts are owed to the Plaintiff:

Principal Balance

$282, 299.12

Accrued Interest

$49, 177.59

Monthly Servicing Fee

$2, 730.00

Servicing Advances

$225.00

Initial MIP

$8, 340.00

Monthly MIP

$12, 085.59

Total

$354, 857.30

         Additional pre-judgment interest is accruing and post-judgment interest will accrue at a rate of 2.39% per annum in accordance with the Note and 14 M.R.S. § 1602-B. Plaintiff has foregone any right to any higher rate that may be allowable under 14 M.R.S. § 1602-C. Additional attorney's fees, real estate taxes, costs and amounts advanced to protect the security of Plaintiffs ...


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