WILMINGTON SAVINGS FUND SOCIETY FSB v. CHAMBERLAND et al

Filing 22

JUDGMENT OF FORECLOSURE AND SALE By JUDGE D. BROCK HORNBY. (jib)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
WILMINGTON SAVINGS FUND
SOCIETY, FSB D/B/A CHRISTIANA
TRUST, NOT IN ITS INDIVIDUAL CAPACITY,
BUT SOLELY AS TRUSTEE FOR BCAT
2015-14ATT,
PLAINTIFF
V.

JUDY R. CHAMBERLAND AND
RONALD T. CHAMBERLAND,
DEFENDANTS
AND

BANK OF AMERICA, N.A., S/B/M TO
FLEET NATIONAL BANK; VERIZON NEW
ENGLAND, INC.; AND CENTRAL
MAINE POWER COMPANY
PARTIES-IN-INTEREST

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CIVIL NO. 2:16-CV-529-DBH

JUDGMENT OF FORECLOSURE AND SALE
This matter came before the Court, Hornby, J., for a testimonial hearing
on the plaintiff’s Motion for Default Judgment on June 13, 2017. The plaintiff
Wilmington Savings Fund Society, FSB, doing business as Christiana Trust, not
in its individual capacity, but solely as trustee for BCAT 2015-14ATT, was
present and represented by John A. Doonan, Esq.

The defendants Judy R.

Chamberland and Ronald T. Chamberland, party-in-interest Bank of America
N.A., s/b/m to Fleet National Bank, party-in-interest Verizon New England, Inc.,

and party-in-interest Central Maine Power Company did not appear. Seven (7)
exhibits were admitted into evidence. Jessica Edwards 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 defendants or their heirs or assigns pay Wilmington Savings

Fund Society, FSB, doing business as Christiana Trust, not in its individual
capacity, but solely as trustee for BCAT 2015-14ATT (Wilmington Savings Fund),
the amount adjudged due and owing ($263,105.89) within 90 days of the date of
the Judgment, as that time period is calculated in accordance with 14 M.R.S.A.
§ 6322, Wilmington Savings Fund shall forthwith discharge the Mortgage and
file a dismissal of this action on the ECF Docket.
2.

If the defendants or their heirs or assigns do not pay Wilmington

Savings Fund the amount adjudged due and owing ($263,105.89) 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 Lewiston Property
shall terminate, and Wilmington Savings Fund 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 $263,105.89, after deducting the

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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 $263,105.89.

5.

The priority of interests is as follows:
a. Wilmington Savings Fund has first priority pursuant to the subject
Note and Mortgage.
b. Bank of America, N.A., s/b/m to Fleet National Bank has second
priority behind the plaintiff pursuant to a Mortgage dated May 12,
2004, in the amount of $14,000.00, and recorded in the
Androscoggin County Registry of Deeds in Book 5947, Page 88.
c. Judy R. Chamberland and Ronald T. Chamberland have third
priority behind the plaintiff.
d. Parties-in-Interest Verizon New England, Inc., and Central Maine
Power Company have an interest in the property pursuant to an
Easement Deed dated July 31, 2002, and recorded in the
Androscoggin County Registry of Deeds in Book 5120, Page 317.

6.

The Easement Deed to Verizon New England, Inc., and Central

Maine Power Company, dated July 31, 2002, and recorded in the Androscoggin

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County Registry of Deeds in Book 5120, Page 317, survives the foreclosure and
is not negated or affected by this Judgment.
7.

The prejudgment interest rate is 5.74%, 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):
a. The plaintiff is:
Wilmington Savings Fund
Society, FSB, doing business
as Christiana Trust, not in its
individual capacity, but solely
as trustee for BCAT 201514ATT

The plaintiff’s counsel is:
John A. Doonan, Esq.
Doonan, Graves & Longoria,
LLC
100 Cummings Center
Suite 225D
Beverly, MA 01915

b. The defendants, who are not represented by counsel, are:
Judy R. Chamberland
168 Philbrick Road
Sidney, ME 04330

Ronald T. Chamberland
29 Old Lisbon Road
Lewiston, ME 04240

c. The parties-in-interest, who are not represented by counsel, are:
Verizon New England, Inc.
125 High Street
Oliver Tower, 7th Floor
Boston, MA 02110

Central Maine Power Company
83 Edison Drive
Augusta, ME 04336

Bank of America, N.A., s/b/m
to Fleet National Bank
100 North Tyron Street
Charlotte, NC 28202
d. The docket number of this case is No. 2:16-cv-00529-DBH.
e. All parties to this proceeding received notice of the proceedings in
accordance with the applicable provisions of the Federal Rules of
Civil Procedure.
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f. A description of the real estate involved, 29 Old Lisbon Road,
Lewiston, Maine 04240, is set forth in Exhibit A to the Judgment
herein.
g. The street address of the real estate involved is 29 Old Lisbon Road,
Lewiston, Maine 04240.

The Mortgage was executed by the

defendants on May 12, 2004. The book and page number of the
Mortgage in the Androscoggin County Registry of Deeds is Book
5947, Page 82.
SO ORDERED.
DATED THIS 16TH DAY OF JUNE, 2017
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE

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