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Bar Harbor Bank & Trust v. Phoenix

United States District Court, D. Maine

March 22, 2019

BAR HARBOR BANK & TRUST, Plaintiff,
v.
Fishing Vessel PHOENIX, Off. No. 1028554, her engines, machinery, equipment, masts, etc. in rem, and CHRISTOPHER A. WITHAM, Defendants.

          JUDGMENT OF FORECLOSURE AND SALE

          JON D. LEVY, CHIEF U.S. DISTRICT JUDGE.

         Property Address: 67 Bellevue Street, Owls Head, Knox County, Maine (Book 3989, Page 112)

         After notice and opportunity for hearing on the Plaintiff's Motion for Summary and Default Judgment (ECF No. 11), the Court finds that there is no genuine issue as to any material fact, and that Plaintiff Bar Harbor Bank & Trust is entitled to judgment against Defendant Christopher A. Witham (“Mr. Witham”) as to Counts II, III, IV, V, and VI, but not as to Count VII. The Court further finds as follows:

         COUNTS II and III, IV

         1. Mr. Witham has breached the conditions of the Vessel Note, Vessel Mortgage, and Security Agreement dated March 14, 2013, and further described in a UCC-1 Financing Statement filed with the Maine Secretary of State, Filing No. 2050001723823, as amended by filings 2100002007475-38 and 20150204109000157-37.

         2. The Plaintiff is due a principal balance of $28, 770.61 and accrued interest of $5, 019.65 (as of January 28, 2019), with additional interest accruing on the principal balance at the rate of $9.58221 per day, and other charges pursuant to the terms of the Vessel Note and Security Agreement.

         3. That the order of priority and amount of those claims appearing before the Court are as follows:

Bar Harbor Bank & Trust - $33, 790.26 with additional interest and other charges accruing on this claim at the above stated above.

         It is therefore ORDERED that judgment is entered in favor of Bar Harbor Bank & Trust and against Mr. Witham as to Counts II, III, and IV, in the amount of $33, 790.26 (as of January 28, 2019). Interest on the Vessel Note accrues at the per diem rate of $9.58221. Plaintiff, its successors and assigns, shall be entitled to exclusive possession of the personal property described in the UCC-1 Financing Statement, with a Writ of Possession to issue forthwith. Plaintiff may sell that same property pursuant to 11 M.R.S.§ 9-1601, et seq. (2019), and disburse the proceeds of the sale, after deducting the expense thereof, first to Bar Harbor Bank & Trust, plaintiff, its successors and assigns, in the amount of the total claim due plus accrued interest and other charges to the date of the sale, second to parties-in-interest, if any, that have appeared in the amount to be determined in accordance with any further order of this Court, and the surplus, if any, to the clerk of courts to be held for Mr. Witham.

         COUNTS V and VI

         1. Mr. Witham has breached the conditions of the Residential Mortgage by defaulting on the Mortgage Note secured by the Residential Mortgage dated October 8, 2009, and recorded in the Knox County Registry of Deeds in Book 3989, Page 112.

         2. The Plaintiff is due a principal balance of $101, 431.69 and accrued interest of $17, 636.85 (as of January 28, 2019); with additional interest accruing on the principal balance at the rate of $33.78238 per day, and other charges pursuant to the terms of the Mortgage Note and Residential Mortgage.

         3. That the order of priority and amount of those claims appearing before the Court are as follows:

Bar Harbor Bank & Trust - $119, 068.54, with additional interest and other charges accruing on this claim ...

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