UNITED STATES OF AMERICA v. SPENCER et al

Filing 20

ORDER deferring ruling 18 Motion for Default Judgment as to Defendant Scott D. Spencer; deferring ruling 19 Motion for Default Judgment as to Party-in-Interest Capital One Bank N.A. By JUDGE JOHN A. WOODCOCK, JR. (sfw)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
UNITED STATES OF AMERICA,
Plaintiff,
v.
SCOTT D. SPENCER and
TINA M. SPENCER,
Defendants,
and
CAPITAL ONE BANK N.A.,
Party-in-Interest.

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1:17-cv-00005-JAW

ORDER ON PLAINTIFF’S MOTIONS FOR DEFAULT JUDGMENT
On January 4, 2017, the United States filed a foreclosure complaint in this
Court against Scott D. Spencer and Tina M. Spencer as Defendants and Capital One
Bank N.A. (Capital One) as a party in interest. Compl. (ECF No. 1). The United
States filed proof of service against Mr. Spencer on January 17, 2017, Proof of Service
(ECF No. 5); proof of service against Ms. Spencer on January 20, 2017, Proof of Service
(ECF No. 6); and an executed waiver of service against Capital One on January 31,
2017. Waiver of the Service of Summons (ECF No. 7).
Mr. Spencer failed to answer the Complaint, and on February 2, 2017, the
United States moved for entry of default. Req. to Clerk to Enter Default (ECF No. 9).
The Clerk entered default against Mr. Spencer on February 16, 2017. Order (ECF

No. 11). Meanwhile, Ms. Spencer filed an answer to the Complaint on February 8,
2017, informing the Court that she did not contest the foreclosure in any way. Answer
(ECF No. 10). The United States subsequently confirmed that the claim against Ms.
Spencer “would be resolved voluntarily through her consent to judgment of
foreclosure and sale of the subject real property.” Notice Regarding Case Scheduling
at 1 (ECF No. 16). On March 7, 2017, following Capital One’s failure to respond to
the Complaint, the United States moved for entry of default. Req. to Clerk to Enter
Default (ECF No. 13). The following day, the Clerk entered default against Capital
One. Order (ECF No. 14). On April 7, 2017, the United States moved for default
judgment as to Mr. Spencer and Capital One. Mot. for Default J. as to Def. Scott D.
Spencer (ECF No. 18); Mot. for Default J. as to Party-In-Interest Capital One Bank
N.A. (ECF No. 19).
In the context of foreclosures, once the Clerk enters a default, the Court is
obligated to schedule a hearing to “determine whether there has been a breach of
condition in the plaintiff’s mortgage, the amount due thereon, including reasonable
attorney’s fees and court costs, the order of priority and those amounts, if any, that
may be due to other parties that may appear and whether any public utility
easements held by a party in interest survive the proceedings.” 14 M.R.S. § 6322. If
the Court is satisfied that a breach exists, the Court then issues a judgment of
foreclosure and sale subject to the right of redemption and also sets forth the amount
due and payable under the mortgage so that the mortgagor may effect the
redemption. Id.

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In its motions for default judgment, the United States requests the Court to
order default judgment but fails to request the obligatory section 6322 hearing.
Accordingly, the Clerk shall contact counsel for the United States to arrange a date,
time, and place for the hearing. Further, the Court ORDERS the United States to
provide notice to Scott Spencer and Capital One Bank N.A. of the date, time, and
place of the hearing to allow them to appear, if they wish to do so, and contest the
United States’ claimed relief. The Court DEFERS ruling on the United States’
motions for default judgment (ECF Nos. 18–19) until after the hearing.
SO ORDERED.
/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
UNITED STATES DISTRICT JUDGE
Dated this 10th day of April, 2017

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