WILMINGTON SAVINGS FUND SOCIETY FSB AS TRUSTEE OF STANWICH MORTGAGE LOAN TRUST v. LAFERRIERE et al

Filing 33

AMENDED JUDGMENT of Foreclosure and Sale. By JUDGE NANCY TORRESEN. (Attachments: # 1 Exhibit A - Mortgage)(slg)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
WILMINGTON SAVINGS FUND
SOCIETY, FSB, AS TRUSTEE
OF STANWICH MORTGAGE
LOAN TRUST D,
Plaintiff,
v.
KEVIN R. LAFERRIERE and
TAMMY J. LAFERRIERE,
Defendants,
MAINE REVENUE SERVICES,
Party-in-Interest.

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Docket No. 2:19-cv-00307-NT
Re: 3 Chicoine Avenue, Auburn, ME
Mortgage: May 11, 2004
Androscoggin County Registry of
Deeds, Book 5904, Page 183

AMENDED JUDGMENT OF FORECLOSURE AND SALE
Address: 3 Chicoine Avenue, Auburn, Maine 04210
Mortgage: May 11, 2004, Book: 5904, Page: 183
Androscoggin County Registry of Deeds
This matter came before the Court for a testimonial hearing on Plaintiff's
Motion for Default Judgment on January 13, 2020. Plaintiff, Wilmington Savings
Fund Society, FSB, as Trustee of Stanwich Mortgage Loan Trust D, was present and
represented by John A. Doonan, Esq. Defendants, Kevin R. Laferriere and Tammy J.
Laferriere, and Party-in-Interest, Maine Revenue Services, did not appear.
All persons interested having been duly notified in accordance with the law,
and after hearing, the Plaintiff's Motion for Default Judgment of Foreclosure and Sale
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 Wilmington Savings Fund

Society, FSB, as Trustee of Stanwich Mortgage Loan Trust D (“Wilmington Savings”)
the amount adjudged due and owing ($176,229.88) within 90 days of the date of the
Judgment, as that time period is calculated in accordance with 14 M.R.S. § 6322,
Wilmington Savings 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 as of January 1, 2020:
Description
Unpaid Principal Balance
Interest
Escrow Advances
Corporate Advances
Expense Advances
Additional Escrow: “Ha7”
Grand Total
2.

Amount
$107,648.11
$20,453.31
$39,395.85
$2,908.04
$5,740.96
$83.61
$176,229.88

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

Savings the amount adjudged due and owing ($176,229.88) within 90 days of the
Judgment, as that time period is calculated in accordance with 14 M.R.S. § 6322, their
remaining rights to possession of the Auburn Property shall terminate, Wilmington
Savings shall conduct a public sale of the Auburn Property in accordance with 14
M.R.S. § 6323, disbursing the proceeds first to itself in the amount of $176,229.88
after deducting the expenses of the sale, with any surplus to the Defendants or the

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heirs or assigns, in accordance with 14 M.R.S. § 6324. Wilmington Savings may not
seek a deficiency judgment against the Defendants pursuant to the Plaintiff’s waiver
of deficiency at trial.
3.

Pursuant to 14 M.R.S. § 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 $176,229.88.

5.

The priority of interests is as follows:

6.

The pre-judgment interest rate is 4.00%, see 14 M.R.S. § 1602-B, and the

post­judgment interest rate is 8.59%, see 14 M.R.S. §1602-C. Per the Court’s order
dated November 13, 2023 (ECF No. 31), due to the continuance that Wilmington
Savings requested and obtained, post-judgment interest is suspended from October
24, 2023 through November 30, 2023. See 14 M.R.S. §1602-C(2).
7.

The following information is included in this Amended Judgment

pursuant to 14 M.R.S. § 2401(3):
PARTIES
Wilmington Savings Fund
Society, FSB, as Trustee
of Stanwich Mortgage
Loan Trust D

COUNSEL
Carrie Folsom
Korde & Associates
707 Sable Oaks Drive
Suite 250
South Portland, ME 04105

DEFENDANT

Kevin R. Laferriere
3 Chicoine Avenue
Auburn, ME 04210

Defaulted

PARTIES-IN-INTEREST

Maine Revenue Services
Defaulted
c/o Kevin J. Crosman, Esq.,
6 State House Station
Augusta, ME 04333

PLAINTIFF

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a. The docket number of this case is No. 2:19-cv-00307-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, 3 Chicoine Avenue, Auburn,
ME 04210, is set forth in Exhibit A to the Amended Judgment herein.
d. The street address of the real estate involved is 3 Chicoine Avenue,
Auburn, ME 04210. The Mortgage was executed by the Defendants on
May 11, 2004. The book and page number of the Mortgage in the
Androscoggin County Registry of Deeds is Book 5904, Page 183.
e. This Amended 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, 3 Chicoine Avenue, Auburn, ME 04210.

SO ORDERED.
/s/ Nancy Torresen
United States District Judge
Dated this 14th day of November, 2023.

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