BANK OF NEW YORK MELLON AS TRUSTEE FOR CWABS INC ASSET-BACKED CERTIFICATES SERIES 2005-11 v. KELLEY et al

Filing 31

JUDGMENT of Foreclosure and Sale. By JUDGE LANCE E. WALKER. (Attachments: # 1 Exhibit A) (mmy)

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UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
The Bank of New York Mellon as Trustee
for CWABS, Inc. Asset-Backed
Certificates, Series 2005-11
Plaintiff
vs.

Case No. 2:22-cv-00007-LEW

Michael T. Kelley and Diane E. Kelley

Defendants
Ford Motor Credit Company LLC
Internal Revenue Service
Parties-In-Interest
JUDGMENT OF FORECLOSURE AND SALE
(380 Wottons Mill Road, Warren, ME; Book: 3462, Page 168)
This matter came before the Court for a testimonial hearing on Plaintiff's Motion
for Default Judgment on November 1, 2022. Plaintiff, The Bank of New York Mellon as
Trustee for CWABS, Inc. Asset-Backed Certificates, Series 2005-11, was present and
represented by Reneau J. Longoria, Esq.; Defendant, Michael T. Kelley appeared by
telephone; Defendant, Diane E. Kelley did not appear; Party-In-Interest, Ford Motor
Credit Company LLC did not appear; Party-In-Interest, Internal Revenue Service
appeared through counsel, John G. Osborn, Esq.
All persons interested having been duly notified in accordance with the law, and
after hearing and with the consent of Defendant, Michael T. Kelley, the Plaintiff's Motion

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for Default Judgment is GRANTED.
JUDGMENT on Count I - Foreclosure is hereby ENTERED as follows:
1. If the Defendants or their heirs or assigns pay The Bank of New York Mellon
as Trustee for CWABS, Inc. Asset-Backed Certificates, Series 2005-11
(“BNYM”) the amount adjudged due and owing ($319,883.26) within 90 days
of the date of the Judgment, as that time period is calculated in accordance
with 14 M.R.S. § 6322, BNYM 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
Total Advances
Late Charges
Interest on Advances
Grand Total

Amount

$273,350.30
$26,594.95
$13,672.47
$6,108.26
$111.87
$45.41
$319,883.26

2. If the Defendants or their heirs or assigns do not pay BNYM the amount
adjudged due and owing ($319,883.26) 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 Warren Property shall terminate, and BNYM shall
conduct a public sale of the Warren Property in accordance with 14 M.R.S. §
6323, disbursing the proceeds first to itself in the amount of $319,883.26 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. § 6324.

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BNYM may not seek a deficiency judgment against the Defendants pursuant
to the Plaintiff's waiver of deficiency at trial.
3. In the event that the Defendant, and anyone occupying the premises, do not
vacate the property upon termination of his/her right to possession, BNYM
may reopen this matter to seek a Writ of Assistance and/or Writ of Possession
to be served by the U.S. Marshals Service pursuant to Federal Rule of Civil
Procedure 4.1(a) consistent with this Judgment.
4. Pursuant to 14 M.R.S. § 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.
5 The amount due and owing is $319,883.26.
6 The priority of interests is as follows:
● The Bank of New York Mellon as Trustee for CWABS, Inc. Asset-Backed
Certificates, Series 2005-11 has first priority, in the amount of $319,883.26,
pursuant to the subject Note and Mortgage.
● Internal Revenue Service has the second priority behind the Plaintiff
pursuant to a Writ of Tax Lien dated October 26, 2010, in the amount of
$4,145.38, and recorded in the Knox County Registry of Deeds in Book
4305, Page 85.
● Ford Motor Credit Company LLC has the third priority behind the
Plaintiff pursuant to a Writ of Execution dated October 14, 2010, in the

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amount of $8,091.05, and recorded in the Knox County Registry of Deeds
in Book 4333, Page 31.
● Michael T. Kelley and Diane E. Kelley have the fourth priority behind the
Plaintiff.
9. The prejudgment interest rate is 3.50000%, see 14 M.R.S. § 1602-B, and the
post-judgment interest rate is .15%, see 28 U.S.C. § 1961.
10 The following information is included in this Judgment pursuant to 14 M.R.S.
§ 2401(3):
PARTIES
The Bank of New York
Mellon as Trustee for
CWABS, Inc. Asset-Backed
Certificates, Series 2005-11
240 Greenwich Street
New York, NY 10286

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

DEFENDANTS

Michael T. Kelley
Diane E. Kelley
2894 Atlantic Hwy
Warren, ME 04864

Pro Se

PARTIES-IN-INTEREST

Ford Motor Credit Company,
LLC
c/o CT Corporation System
128 State Street, #3
Augusta, ME 04330

Pro Se

Internal Revenue Service
c/o US Attorney General
10 Middle Street
East Tower, 6th Floor
Portland, ME 04101

John G. Osborn, Esq.
US Attorney General
100 Middle Street
East Tower, 6th Floor
Portland, ME 04101

PLAINTIFF

a) The docket number of this case is No. 2:22-cv-00007-LEW.
b) All parties to these proceedings received notice of the proceedings in

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accordance with the applicable provisions of the Federal Rules of Civil
Procedure.
c) A description of the real estate involved, 380 Wottons Mill Road, Warren,
ME 04864, is set forth in Exhibit A to the Judgment herein.
d) The street address of the real estate involved is 380 Wottons Mill Road,
Warren, ME 04864. The Mortgage was executed by the Defendants, Diane
E. Kelley and Michael T. Kelley on July 15, 2005. The book and page
number of the Mortgage in the Knox County Registry of Deeds is Book
3462, Page 168.
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,
380 Wottons Mill Road, Warren, ME 04864.
SO ORDERED.
Dated this 21st day of November, 2022.
/s/ Lance E. Walker
UNITED STATES DISTRICT JUDGE