USA v. OUELLETTE
Filing
10
JUDGMENT of Foreclosure and Sale By JUDGE JOHN A. WOODCOCK, JR. (jlg)
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
UNITED STATES OF AMERICA,
vs.
SCOTT G. OUELLETTE
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CIVIL NO. 1:11-cv-00194-JAW
JUDGMENT OF FORECLOSURE AND SALE
This action having been brought to recover a sum certain, to wit, the balance due on the
promissory note and mortgage, and defendant, Scott G. Ouellette having been defaulted; and it
appearing that there is no genuine issue as to any material fact; and that the United States of
America, plaintiff herein, is entitled to such judgment on the complaint; and it appearing from
the Declaration of Kimberley P. Meikle that Scott G. Ouellette is neither an infant nor
incompetent, nor in the military service of the United States, and the total amount due to the
United States, Farm Service Agency is $73,439.95, together with interest and costs; now upon
Plaintiff's Motion for Default Judgment, it is:
ORDERED, ADJUDGED, AND DECREED that:
1. Motion for Default Judgment as to defendant, Scott G. Ouellette is granted for the
plaintiff.
2. Scott G. Ouellette has breached the conditions of plaintiff's mortgage.
3. The real property, which is the subject of this action and judgment, is as described in
the complaint and as described in a real estate mortgages executed by Scott G. Ouellette recorded
in the Northern Aroostook County Registry of Deeds in Volume 1401, Page 350.
4. There is due the United States, Farm Service Agency the sum of $65,934.26, in
principal, together with $7,505.69 in interest as of April 11, 2011, for a total of $73,439.95, plus
interest accruing thereafter to the date of judgment at the rate of $6.0967 per day, plus any
advances made thereafter under the terms of the mortgage plus costs.
5. If Scott G. Ouellette, his successors, heirs, or assigns do not pay the plaintiff the
amount adjudged to be due herein within 90 days from the date of this Order, a representative of
the Farm Service Agency, Department of Agriculture, on behalf of the plaintiff, shall sell the
mortgaged real property at public sale pursuant to the requirements of 28 U.S.C. Section 2001,
2002, and 2004, 14 M.R.S.A. Sections 6323, 6324, and this judgment. Notice of said sale shall
be given by publishing a Notice of Sale, in a newspaper of general circulation in Aroostook
County, Maine, once a week for four (4) weeks. Such notice will not be published until after the
expiration of the redemption period, but not later than 90 days after the expiration of the
redemption period. This sale shall be held not less than thirty (30) days nor more than forty-five
(45) days from the date of first publication.
6. Scott G. Ouellette shall deliver possession of the real property to plaintiff within ten
(10) days after the foreclosure sale.
7. The mortgagee, in its sole discretion, may allow the mortgagor to redeem or reinstate
the loan after the expiration of the period of redemption but before the public sale. The
mortgagee may convey the property to the mortgagor (redemption) or execute a waiver of
foreclosure (reinstatement) and all other rights of all other parties shall remain as if no
foreclosure had been commenced.
8. The plaintiff may bid at the foreclosure sale. If it is the successful bidder, it need not
remit any funds to the Marshal provided its bid does not exceed the amount due on its mortgage,
costs of this action, and the expenses of sale. The Marshal shall then deliver a deed conveying
the mortgaged premises to the purchaser on behalf of the plaintiff. Such deed shall convey the
premises free and clear of all interests of Scott G. Ouellette and any person who may have
acquired an interest in the premises after the time that the Court's Certificate with respect to this
action was filed in the Aroostook County Registry of Deeds. Thereafter, every person shall be
forever barred and foreclosed of all rights, claims, liens, and equity of redemption in the
mortgaged real property.
9. If someone other than the plaintiff is the successful purchaser, the buyer will be
responsible for any real estate taxes, assessments, water or sewer rents which may be due with
respect to the mortgaged premises. From the proceeds of the sale of the real property and
personal property, the Marshal shall first pay all costs including the costs and expenses of sale;
then he shall pay Farm Service Agency the principal amount due on its mortgage of $65,934.26,
plus interest in the amount of $7,505.69 through April 11, 2011, for a total of $73,439.95 , plus
interest from that date through the date of judgment at the per diem rate of $6.0967, plus any
advances made thereafter under the terms of the mortgage and costs, plus interest at the legal rate
from the date of judgment to the date of sale and costs of suit. There being no other parties that
have appeared in this action, any surplusage shall then be remitted to Scott G. Ouellette.
10. A Report of Sale and Disbursement of any proceeds therefrom shall be filed with the
Clerk. If the plaintiff is the successful purchaser, the report shall indicate the amount of its bid
which shall be credited against the amount due under its mortgages and security agreement.
Dated: October 12, 2011
/s/John A. Woodcock, Jr.___________
JOHN A. WOODCOCK, JR.
CHIEF U.S. DISTRICT JUDGE
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