FEDERAL NATIONAL MORTGAGE ASSOCIATION v. MOTTA

Filing 23

JUDGMENT OF FORECLOSURE AND SALE - granting 12 Motion for Default Judgment; granting 20 Motion to Proceed with Default Judgment of Foreclosure on a Paper Record. By JUDGE NANCY TORRESEN. (Attachments: # 1 Exhibit A - Property Description) (mnd)

Case 1:20-cv-00033-NT Document 23 Filed 01/07/21 Page 1 of 4

PageID #: 922

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
Federal National Mortgage Association
Plaintiff
vs.
Kelli A. Motta
Defendant

CIVIL ACTION NO: 1:20-cv-00033-NT
RE: VACANT REAL PROPERTY
260 State Route 46, Bucksport, ME 04416
Mortgage:
November 7, 2007
Hancock County Registry of Deeds
Book 4888, Page 302

JUDGMENT OF FORECLOSURE AND SALE
Address: 260 State Route 46, Bucksport, ME 04416
Mortgage: November 7, 2007, Book: 4888, Page: 302, Hancock County Registry of Deeds
Property is vacant
This matter came before the Court pursuant to the Default entered on May 20, 2020, against
the named Defendant, Kelli A. Motta (ECF No. 7), Fed. R. Civ. P. 55(b), this Court’s Foreclosure
Procedural Order dated October 6, 2020 (ECF No. 13), and the General Orders issued in response
to the recent outbreak of Coronavirus Disease 2019 (“COVID-19”) in accordance with the
Pandemic/Infectious Disease Plan for the United States District Court for the District of Maine. (March 2020).
Plaintiff, Federal National Mortgage Association (“FNMA”), was represented by John A.
Doonan, Esq. The Defendant, Kelli A. Motta, has not appeared or opposed Plaintiff's Motion for
Default Judgment of Foreclosure and Sale.
All persons interested having been duly notified in accordance with the law, and after
consideration of the Affidavits with supporting documentary evidence and Memorandum of Law in
Support of Plaintiff ’s Motion for Default Judgment on Documentary Evidence, the Plaintiff ’s
Motion for Default Judgment is GRANTED. The remaining counts are hereby DISMISSED
without prejudice at the request of the Plaintiff.
JUDGMENT on Count I – Foreclosure and Sale is hereby ENTERED as follows:

Case 1:20-cv-00033-NT Document 23 Filed 01/07/21 Page 2 of 4

1.

PageID #: 923

If the Defendant or their heirs or assigns pay FNMA the amount adjudged due and
owing as of October 13, 2020 (attorney’s fees and deficiency are waived) ($296,640.28)
within 90 days of the date of the Judgment, as that time period is calculated in
accordance with 14 M.R.S.A. § 6322, FNMA shall forthwith discharge the Mortgage and
file a dismissal of this action on the ECF Docket. The following is a breakdown of the
amount due and owing:
Description

Amount

Principal Balance

$138,530.81

Interest

$98,491.67

Escrow Advance

$29,782.34

Lender Paid Expenses

$31,270.07

Forbearance

($666.91)

Hazard Suspense/Hazard Loss

($767.70)

Grand Total
2.

$296,640.28

If the Defendant or their heirs or assigns do not pay FNMA the amount adjudged due
and owing ($296,640.28) 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 property at 260 State Route 46, Bucksport, Maine 04416 (“Bucksport Property”)
shall terminate, and FNMA shall conduct a public sale of the Bucksport Property in
accordance with 14 M.R.S.A. § 6323, disbursing the proceeds, first to itself in the
amount of $296,640.28 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. FNMA may not seek a deficiency judgment against the Defendant pursuant to
the Plaintiff's waiver of deficiency in its Motion.

3.

Pursuant to 14 M.R.S.A. § 2401(3)(F), the Clerk, if requested, shall sign a certification
after the appeal period has expired, certifying that the applicable period has expired

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PageID #: 924

without action or that the final judgment has been entered following appeal.
4.

The amount due and owing is $296,640.28 as of October 13, 2020.

5.

The priority of interests is as follows:
•

Federal National Mortgage Association has first priority, in the amount of
$296,640.28, pursuant to the subject Note and Mortgage and there are no parties-ininterest other than the Defendant who has second priority.

6.

The pre-judgment interest rate is 6.75%, see 14 M.R.S.A. § 1602-B, and the postjudgment interest rate will be calculated pursuant to 28 U.S.C. § 1961.

7.

The following information is included in this Judgment pursuant to 14 M.R.S.A. §
2401(3):
PARTIES
Federal National Mortgage
Association
5600 Granite Parkway
Plano, TX 75024

John A. Doonan, Esq.
Reneau J. Longoria, Esq.
Doonan, Graves & Longoria, LLC
100 Cummings Center
Suite 225D
Beverly, MA 01915

Kelli A. Motta
44 Mill Street
Lakeville, MA 02347

PLAINTIFF

COUNSEL

Defaulted
Pro Se

DEFENDANT

a) The docket number of this case is 1:20-cv-00033-NT.
b) All parties to these proceedings received notice of the proceedings in accordance with the
applicable provisions of the Federal Rules of Civil Procedure.
c) A description of the real estate involved, 260 State Route 46, Bucksport, ME 04416, is set
forth in Exhibit A to the Judgment herein.
d) The street address of the real estate involved is 260 State Route 46, Bucksport, ME 04416.
The Mortgage was executed by the Defendant, Kelli A. Motta, on November 7, 2007. The
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PageID #: 925

book and page number of the Mortgage in the Hancock County Registry of Deeds is Book
4888, Page 302.
e) This Judgment shall not create any personal liability on the part of the Defendant, but shall
act solely as an in rem judgment against the property, 260 State Route 46, Bucksport, ME
04416.
SO ORDERED.

/s/ Nancy Torresen
United States District Judge

Dated this 7th day of January, 2021.

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