FEDERAL NATIONAL MORTGAGE ASSOCIATION v. LEAVITT et al

Filing 72

JUDGMENT of Foreclosure and Sale. By JUDGE JOHN A. WOODCOCK, JR. (Attachments: # 1 Exhibit A - Legal Description)(CCS)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
Federal National Mortgage Association
Plaintiff
vs.

Gerald Arthur Leavitt and Michelle D.
Leavitt
Defendants

CIVIL ACTION NO: 2:19-cv-00290-JAW
JUDGMENT OF FORECLOSURE AND
SALE
RE:
11 -13 Wheeler Street, Livermore Falls, ME
04254
Mortgage:
March 1, 2006
Book 6686, Page 29

Birdell B. Dunham, III and Linda S.
Dunham
Parties-in-Interest
This matter came before the Court for a Pre-Trial Conference on November 5, 2021.
Plaintiff, Federal National Mortgage Association, was present and represented by Reneau J.
Longoria, Esq. Defendant, Michelle D. Leavitt, and Parties-in-Interest, Birdell B. Dunham, III and
Linda S. Dunham appeared; Defendant, Gerald Arthur Leavitt did not appear, and has not appeared
in the entirety of this action. The Defendant, Gerald Arthur Leavitt, was served in this matter via
publication on January 22, 2021 [ECF 51]. The Plaintiff, Defendant, Michelle D. Leavitt and Partiesin-Interest, Birdell B. Dunham, III and Linda S. Dunham, have executed a Consent Judgment of
Foreclosure and Sale, filed with a Motion to Approve Judgment, on November 3, 2021 at ECF No.
67.
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 and Sale is hereby ENTERED as follows:
1. If the Defendants or their heirs or assigns pay Federal National Mortgage Association
(“FNMA”) the amount adjudged due and owing ($124,114.81) 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
Principal Balance
Interest
Escrow Advance
Corporate Advance
Hazard Suspense/Hazard Loss
Grand Total

Amount

$50,140.76
$27,165.34
$24,589.03
$23,826.90
$-1,607.22
$124,114.81

2. If the Defendants or their heirs or assigns do not pay FNMA the amount adjudged due
and owing ($124,114.81) 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
Livermore Falls Property shall terminate, and FNMA shall conduct a public sale of the
Livermore Falls Property in accordance with 14 M.R.S.A. § 6323, disbursing the
proceeds first to itself in the amount of $124,114.81 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. FNMA may not seek a deficiency judgment against
pursuant to the Plaintiff ’s waiver of deficiency.
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
without action or that the final judgment has been entered following appeal.
4. The amount due and owing is $124,114.81.
5. The priority of interests is as follows:
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● Federal National Mortgage Association has first priority, in the amount of
$124,114.81, pursuant to the subject Note and Mortgage.
● Birdell B. Dunham, III and Linda S. Dunham have the second priority behind the
Plaintiff, pursuant to a Warranty Deed, which granted a one-half interest to Birdell
B. Dunham, III and Linda S. Dunham, dated July 13, 2006, and recorded in the
Androscoggin County Registry of Deeds in the Androscoggin County Registry of
Deeds in Book 6832, Page 345.
● Gerald Arthur Leavitt and Michelle D. Leavitt have the third priority behind the
Plaintiff.
6. The prejudgment interest rate is 7.75000%, see 14 M.R.S.A. § 1602-B, and the postjudgment interest rate is 0.15%, see 28 U.S.C. § 1961.
7. The following information is included in this Judgment pursuant to 14 M.R.S.A. §
2401(3):
PARTIES
PLAINTIFF

COUNSEL

Federal National Mortgage
Association
3900 Wisconsin Avenue, N.W.,
Washington, D.C. 20016-2892

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

Gerald Arthur Leavitt
77 Paradis Road
Peru, ME 04290-3524

Pro Se

Michelle D. Leavitt
138 Tessier Road, A
Jay, ME 04239-4938

Pro Se

DEFENDANTS

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PARTIES-IN-INTEREST
Birdell B. Dunham, III
50 Eastern Avenue
Wilton, ME 04294

Pro Se

Linda S. Dunham
50 Eastern Avenue
Wilton, ME 04294

Pro Se

a) The docket number of this case is No. 2:19-cv-00290-JAW.
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 -13 Wheeler Street, Livermore Falls, ME
04254, is set forth in Exhibit A to the Judgment herein.
d) The street address of the real estate involved is 11 -13 Wheeler Street, Livermore
Falls, ME 04254. The Mortgage was executed by the Defendants, Gerald Arthur
Leavitt and Michelle D. Leavitt on March 1, 2006. The book and page number of
the Mortgage in the Androscoggin County Registry of Deeds is Book 6686, Page 29.
e) This judgment shall not create any personal liability on the part of the Defendants
but shall act solely as an in rem judgment against the property, 11 -13 Wheeler Street,
Livermore Falls, ME 04254.
SO ORDERED.
DATED THIS 19th DAY OF NOVEMBER, 2021

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/s/ John A. Woodcock, Jr.
U.S. DISTRICT JUDGE