UNITED STATES OF AMERICA v. CHANDLER

Filing 33

JUDGMENT of Foreclosure and Sale. It is hereby ORDERED that any motion for attorney's fees shall be filed within the time specified in Local Rule 54.2 of this Court. By JUDGE NANCY TORRESEN. (rmb)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF MAINE
UNITED STATES OF AMERICA

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v.
MITCHELL F. CHANDLER
STATE OF MAINE, REVENUE SERVICES
CARY MEDICAL CENTER

CIVIL NO. 1:14-cv-00532-NT

JUDGMENT OF FORECLOSURE AND SALE
This action having been brought to recover a sum certain, to wit, the balance due on
promissory notes and mortgages, Mitchell F. Chandler, State of Maine, Maine Revenue Services
and Cary Medical Center having filed an answer; 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 Second Amended Complaint; and it appearing from the Declaration of Michael
Mathers that Mitchell F. Chandler 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
$148,276.51, together with interest and costs; now upon Plaintiff’s Amended Motion for
Summary Judgment and, it is:
ORDERED, ADJUDGED, AND DECREED that:
1.

The Motion for Summary Judgment as to Mitchell F. Chandler, State of Maine,

Revenue Services and Cary Medical Center is granted for the Plaintiff.
2.

Mitchell F. Chandler has breached the conditions of Plaintiff’s mortgage and

security agreements.
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 Mitchell F. Chandler
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and recorded in the Southern Aroostook County, Maine, Registry of Volumes 3652, Page 204;
Volume 3806, Page 315 and Volume 4011, Page 144.
4.

There is due the United States, Farm Service Agency, the total principal amount

of $125,759.08, accrued interest in the amount of $22,517.43, for a total of $148,276.51, with per
diem interest after February 13, 2015, of $11.6109, plus costs of collection including other
amounts which may become due under the promissory notes.
5.

If Mitchell F. Chandler, 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 and secured personal property at public sale pursuant to the
requirements of 28 U.S.C. §§ 2001, 2002, and 2004, 14 M.R.S.A. §§ 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.

Mitchell F. Chandler 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.

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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 Mitchell F. Chandler, 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 Southern 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, the Marshal shall first pay all
costs including the costs and expenses of sale; he shall then pay the United States, Farm Service
Agency the total principal amount of $125,759.08, accrued interest in the amount of $22,517.43,
for a total of $148,276.51, with per diem interest after February 13, 2015, of $11.6109, plus costs
of collection including other amounts which may become due under the promissory notes, plus
interest at the legal rate from the date of judgment to the date of sale and costs of suit; next, he
shall then pay the State of Maine, Revenue Services, Cary Medical Center and the U.S.
Department of Treasury, Internal Revenue Service by further order of this court. There being no
other parties that have appeared in this action, any surplusage shall then be remitted to Mitchell
F. Chandler.

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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 23, 2015
/s/ Nancy Torresen___________
United States Chief District Judge

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