TOWD POINT MORTGAGE TRUST 19-00003, U.S. BANK NATIONAL ASSOCIATION v. HOYT

Filing 16

CONSENT JUDGMENT OF FORECLOSURE AND SALE granting 11 Amended Motion for Approval of Settlement By JUDGE LANCE E. WALKER. (Attachments: # 1 Exhibit A-Legal Description) (clp)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
Towd Point Mortgage Trust 2019-3, U.S.
Bank National Association, as Indenture
Trustee
Plaintiff
vs.
Charlene Hoyt, Personal Representative of
the Estate of Oliver E. Gerry, Jr.
Defendant

CIVIL ACTION NO: 1:24-cv-00073-LEW

CONSENT JUDGMENT OF
FORECLOSURE AND SALE
RE:
17 West Birch Lane, Beaver Cove, ME 04441
Mortgage:
January 26, 2007
Book 1821, Page 75

Beaver Cove Association
Party-In-Interest
Now comes the Plaintiff, Towd Point Mortgage Trust 2019-3, U.S. Bank National
Association, as Indenture Trustee, the Defendant, Charlene Hoyt, Personal Representative of the
Estate of Oliver E. Gerry, Jr., and Party-in-Interest, Beaver Cove Association, hereby submit this
Consent Judgment of Foreclosure and Sale.
JUDGMENT on Count I – Foreclosure and Sale is hereby ENTERED as follows:
.

If the Defendant or his/her heirs or assigns pay Towd Point Mortgage Trust 2019-3,
U.S. Bank National Association, as Indenture Trustee (“TPMT”) the amount adjudged
due and owing ($189,181.56) within 90 days of the date of the Judgment, as that time
period is calculated in accordance with 14 M.R.S.A § 6322, TPMT 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
Principal Balance
Interest

Amount
$172,198.43
$11,070.68

Unpaid Late Charges

$66.33

Escrow/Impound Advance Balance

$3,915.74

Loan Level Advance Balance

$1,930.38

Grand Total

$189,181.56

1. If the Defendant or his/her heirs or assigns do not pay TPMT the amount adjudged due
and owing ($189,181.56) within 90 days of the judgment, as that time period is calculated
in accordance with 14 M.R.S.A. § 6322, his/her remaining rights to possession of the
Beaver Cove Property shall terminate, and TPMT shall conduct a public sale of the
Beaver Cove Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds
first to itself in the amount of $189,181.56 after deducting the expenses of the sale, with
any surplus to be disbursed pursuant to Paragraph 4 of this Judgment, and in accordance
with 14 M.R.S.A. § 6324. TPMT may not seek a deficiency judgment against the
Defendant due to Defendant’s lack of personal liability in this matter.
2. 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
without action or that the final judgment has been entered following appeal.
3. The amount due and owing is $189,181.56 and the mortgage loan is in default, as a result
of the Defendant, Charlene Hoyt, Personal Representative of the Estate of Oliver E.
Gerry, Jr., having failed to comply with the terms of the Note, the object of this
litigation, is in breach of both the Note and Mortgage. Defendant, Charlene Hoyt,
Personal Representative of the Estate of Oliver E. Gerry, Jr. is not personally liable, and
accordingly this action does not seek personal liability on the part of the Defendant, and

this judgment shall act solely as an in rem judgment against the property.
4. The priority of interests is as follows:
● Towd Point Mortgage Trust 2019-3, U.S. Bank National Association, as Indenture
Trustee has first priority, in the amount of $189,181.56, pursuant to the subject Note
and Mortgage.
● Beaver Cove Association has the second and third priority behind the Plaintiff
pursuant to a Lien, dated September 3, 2010, in the amount of $225.00, and
recorded in the Piscataquis County Registry of Deeds in Book 2069, Page 9 and a
Lien dated September 2, 2022, in the amount of $712.00, and recorded in the
Piscataquis County Registry of Deeds in Book 2872, Page 120.
● Charlene Hoyt, Personal Representative of the Estate of Gerry E. Oliver, Jr. has
the fourth priority behind the Plaintiff.
5. The prejudgment interest rate is 4.25000%, see 14 M.R.S.A. § 1602-B, see 14 M.R.S.A. §
1602-B, and the post-judgment interest rate interest rate is 10.55%, pursuant to 14
M.R.S.A. § 1602-C. (The one-year United States Treasury bill rate is the weekly average
one-year constant maturity Treasury yield, as published by the Board of Governors of
the Federal Reserve System, for the last full week of the calendar year immediately prior
to the year in the which post-judgment interest begins to accrue – December 2023,
4.55%, plus 6% for a total post-judgment interest rate of 10.55%).
6. The following information is included in this Judgment pursuant to 14 M.R.S.A. §
2401(3):

PLAINTIFF

PARTIES

COUNSEL

Towd Point Mortgage Trust
2019-3, U.S. Bank National
Association, as Indenture
Trustee
3217 S. Decker Lake Drive
Salt Lake City, UT 84119

Reneau J. Longoria, Esq.
Doonan, Graves & Longoria, LLC
100 Cummings Center
Suite 303C
Beverly, MA 01915

Charlene Hoyt, Personal
Representative of the Estate of
Oliver E. Gerry, Jr.
11 Norton Road
Kittery, ME 03904

Pro Se

Beaver Cove Association
c/o Gail Babbitt
32 Coveside Rd., Unit 4,
Beaver Cove, ME 04441

Richard W. McCarthy, Jr., Esq.
Law Office of Richard McCarthy
77 Pritham Avenue
P.O. Box 1437
Greenville, ME 04441

DEFENDANT

PARTIES-IN-INTEREST

a) The docket number of this case is No. 1:24-cv-00073-LEW
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, 17 West Birch Lane, Beaver Cove, ME
04441, is set forth in Exhibit A to the Judgment herein.
d) The street address of the real estate involved is 17 West Birch Lane, Beaver Cove,
ME 04441. The Mortgage was executed by Oliver E. Gerry, Jr. on January 26, 2007.
The book and page number of the Mortgage in the Piscataquis County Registry of
Deeds is Book 1821, Page 75.
e) The Defendant, Charlene Hoyt, Personal Representative of the Estate of Oliver E.
Gerry, Jr. having failed to comply with the terms of the Note, the object of this

litigation, is in breach of both the Note and Mortgage. Defendant, Charlene Hoyt,
Personal Representative of the Estate of Oliver E. Gerry, Jr. is not personally liable,
and accordingly this action does not seek personal liability on the part of the
Defendant, and this judgment shall act solely as an in rem judgment against the
property.
f) 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, 17 West Birch Lane, Beaver
Cove, ME 04441.
SO ORDERED.
Dated this 3rd day of July, 2024.
/s/ Lance E. Walker
Chief U.S. District Judge

Dated: May 24, 2024

/s/Charlene Hoyt
Charlene Hoyt, Personal Representative of
the Estate of Oliver E. Gerry, Jr.
11 Norton Road
Kittery, ME 03904

Dated: June 6, 2024

/s/Reneau J. Longoria, Esq.
Reneau J. Longoria, Esq. Bar No. 005746
Attorney for Plaintiff
Doonan, Graves & Longoria, LLC
100 Cummings Center, Suite 303C
Beverly, MA 01915
[phone]
[e-mail]

Dated: June 21, 2024

/s/Richard W. McCarthy, Jr., Esq.
Richard W. McCarthy, Jr., Esq., as
counsel for Party-in-Interest, Beaver
Cove Association
Law Office of Richard McCarthy
77 Pritham Avenue
P.O. Box 1437
Greenville, ME 04441