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Wilmington Savings Fund Society, FSB v. Chamberland

United States District Court, D. Maine

June 16, 2017

WILMINGTON SAVINGS FUND SOCIETY, FSB d/b/a Christiana Trust, not in its individual capacity, but solely as trustee for BCAT 2015-14ATT, Plaintiff
v.
JUDY R. CHAMBERLAND and RONALD T. CHAMBERLAND, Defendants and BANK OF AMERICA, N.A., s/b/m to Fleet National Bank; VERIZON NEW ENGLAND, INC.; and CENTRAL MAINE POWER COMPANY Parties-In-Interest

          JUDGMENT OF FORECLOSURE AND SALE

          D. Brock Hornby United States District Judge.

         This matter came before the Court, Hornby, J., for a testimonial hearing on the plaintiff's Motion for Default Judgment on June 13, 2017. The plaintiff Wilmington Savings Fund Society, FSB, doing business as Christiana Trust, not in its individual capacity, but solely as trustee for BCAT 2015-14ATT, was present and represented by John A. Doonan, Esq. The defendants Judy R. Chamberland and Ronald T. Chamberland, party-in-interest Bank of America N.A., s/b/m to Fleet National Bank, party-in-interest Verizon New England, Inc., and party-in-interest Central Maine Power Company did not appear. Seven (7) exhibits were admitted into evidence. Jessica Edwards testified.

         All persons interested having been duly notified in accordance with the law, and after hearing, the plaintiff's Motion for Default Judgment is Granted. Count II―Breach of Note; Count III―Breach of Contract, Money Had and Received; Count IV―Quantum Meruit; and Count V―Unjust Enrichment, are hereby Dismissed without prejudice at the request of the plaintiff. Judgment on Count I―Foreclosure, is hereby Entered as follows:

         1. If the defendants or their heirs or assigns pay Wilmington Savings Fund Society, FSB, doing business as Christiana Trust, not in its individual capacity, but solely as trustee for BCAT 2015-14ATT (Wilmington Savings Fund), the amount adjudged due and owing ($263, 105.89) within 90 days of the date of the Judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322, Wilmington Savings Fund shall forthwith discharge the Mortgage and file a dismissal of this action on the ECF Docket.

         2. If the defendants or their heirs or assigns do not pay Wilmington Savings Fund the amount adjudged due and owing ($263, 105.89) within 90 days of the Judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322, their remaining rights to possession of the Lewiston Property shall terminate, and Wilmington Savings Fund shall conduct a public sale of the Lewiston Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $263, 105.89, after deducting the expenses of the sale, with any surplus to be disbursed pursuant to Paragraph 5 of this Judgment, and in accordance with 14 M.R.S.A. § 6324.

         3. Pursuant to 14 M.R.S.A. § 2401(3)(F), the Clerk shall sign a certification after the appeal period has expired, certifying that the applicable period has expired without action or that the final judgment has been entered following appeal.

         4. The amount due and owing is $263, 105.89.

         5. The priority of interests is as follows:

a. Wilmington Savings Fund has first priority pursuant to the subject Note and Mortgage.
b. Bank of America, N.A., s/b/m to Fleet National Bank has second priority behind the plaintiff pursuant to a Mortgage dated May 12, 2004, in the amount of $14, 000.00, and recorded in the Androscoggin County Registry of Deeds in Book 5947, Page 88.
c. Judy R. Chamberland and Ronald T. Chamberland have third priority behind the plaintiff.
d. Parties-in-Interest Verizon New England, Inc., and Central Maine Power Company have an interest in the property pursuant to an Easement Deed dated July 31, 2002, and recorded in the Androscoggin County Registry of Deeds in Book 5120, Page 317.

         6. The Easement Deed to Verizon New England, Inc., and Central Maine Power Company, dated July 31, 2002, and recorded in the Androscoggin County Registry of Deeds in Book 5120, Page 317, survives the foreclosure and is not negated or affected by this Judgment.

         7. The prejudgment interest rate is 5.74%, see 14 M.R.S.A. § 1602-B, and the post-judgment interest rate is 6.65%, see 14 M.R.S.A. § 1602-C.

         8. The following information is included in this Judgment pursuant ...


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