DEUTSCHE BANK NATIONAL TRUST COMPANY v. THIBODEAU

Filing 29

JUDGMENT of Foreclosure. 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 JON D. LEVY. (Attachments: # 1 Exhibit A - Legal Description)(akr)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
Deutsche Bank National Trust Company, as CIVIL ACTION NO: 2:16-cv-00493-JDL
Trustee for Merrill Lynch Mortgage
Investors Trust, Mortgage Loan AssetBacked Certificates, Series 2005-AR1
Plaintiff
vs.

RE:
11 Goffe Street, Lewiston, ME 04240

Joanha Thibodeau

Mortgage:
April 8, 2005
Book 6293, Page 174

Defendant
Gerald C. Burns; and
The City of Lewiston.
Parties-In-Interest
JUDGMENT OF FORECLOSURE AND SALE
This matter came before the Court for a testimonial hearing on Plaintiff's Motion for
Default Judgment on August 31, 2017. Plaintiff, Deutsche Bank National Trust Company, as
Trustee for Merrill Lynch Mortgage Investors Trust, Mortgage Loan Asset-Backed Certificates,
Series 2005-AR1, was present and represented by John A. Doonan, Esq.

Defendant Joanha

Thibodeau did not appear. Nine (9) exhibits were introduced into evidence. Marc Berninger
testified.
All persons interested having been duly notified in accordance with the law, and after
hearing, the Plaintiff's Motion for Default Judgment is GRANTED. Count II – Breach of Note,
Count III – Breach of Contract, Money Had and Received, Count IV – Quantum Meruit, and
Count V – Unjust Enrichment, are hereby DISMISSED without prejudice at the request of the
Plaintiff. JUDGMENT on Count I – Foreclosure, is hereby ENTERED as follows:
1.

If the Defendant or her heirs or assigns pays Deutsche Bank National Trust Company, as
Trustee for Merrill Lynch Mortgage Investors Trust, Mortgage Loan Asset-Backed
Certificates, Series 2005-AR1 (“Deutsche Bank”) the amount adjudged due and owing

($248,542.65) within 90 days of the date of the Judgment, as that time period is calculated in
accordance with 14 M.R.S.A. § 6322, Deutsche Bank National Trust Company shall
forthwith discharge the Mortgage and file a dismissal of this action on the ECF Docket.
2.

If the Defendant or her heirs or assigns does not pay Deutsche Bank the amount adjudged
due and owing ($248,542.65) within 90 days of the Judgment, as that time period is
calculated in accordance with 14 M.R.S.A. § 6322, her remaining rights to possession of the
Lewiston Property shall terminate, due to her breach of the subject mortgage dated April 8,
2005, and recorded in Book 6293, Page 174, and Deutsche Bank shall conduct a public sale
of the Lewiston Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds
first to itself in the amount of $248,542.65, 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.

3.

Pursuant to 14 M.R.S.A. § 2401(3)(F), the Clerk 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.

4.

The amount due and owing is $248,542.65.

5.

The priority of interests is as follows:
a)

Deutsche Bank National Trust Company, as Trustee for Merrill Lynch Mortgage
Investors Trust, Mortgage Loan Asset-Backed Certificates, Series 2005-AR1 has first
priority, in the amount of $248,542.65, pursuant to the subject Note and Mortgage.

b)

Gerald C. Burns has the second priority behind the Plaintiff pursuant to a Mortgage
dated April 8, 2005, in the amount of $8,850.00, and recorded in the Androscoggin
County Registry of Deeds in Book 6293, Page 195.

c)

The City of Lewiston has the third priority behind the Plaintiff pursuant to a
Security Agreement dated November 24, 2010, in the amount of $5,000.00, and
recorded in the Androscoggin County Registry of Deeds in Book 8082, Page 341. As
of June 30, 2017, the amount owed under the Security Agreement is $5,696.13.

c)

Joanha Thibodeau has the fourth priority behind the Plaintiff.

6.

No public utility easements survive the foreclosure.

7.

The prejudgment interest rate is 5.350%, see 14 M.R.S.A. § 1602-B, and the post-judgment
interest rate is 6.65%, see 14 M.R.S.A. § 1602-C.

8.

The following information is included in this Judgment pursuant to 14 M.R.S.A. § 2401(3):
PARTIES
Deutsche Bank National Trust
Company, as Trustee for
Merrill Lynch Mortgage
Investors Trust, Mortgage
Loan Asset-Backed
Certificates, Series 2005-AR1

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

Joanha Thibodeau
951 Lisbon Street #1
Lewiston, ME 04240

Pro Se

City of Lewiston

Michael E. Carey, Esq.
184 Main Street
P.O. Box 3070
Lewiston, ME 04243

Robert C. Burns
370 Fletcher Road
Auburn, ME 04210

PLAINTIFF

COUNSEL

Pro Se

DEFENDANT

PARTIES-IN-INTEREST

a)

The docket number of this case is No. 2:16-cv-00493-JDL.

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, 11 Goffe Street, Lewiston, ME 04240, is set
forth in Exhibit A to the Judgment herein.

d)

The street address of the real estate involved is 11 Goffe Street, Lewiston, ME
04240. The Mortgage was executed by the Defendant on April 8, 2005. The book
and page number of the Mortgage in the Androscoggin County Registry of Deeds is

Book 6293, Page 174.
SO ORDERED.
Dated: September 14, 2017
/s/ Jon D. Levy
U.S. DISTRICT JUDGE