Opinion
WISSC-RE-2014-32
07-09-2015
MAINE STATE HOUSING AUTHORITY, of Augusta, County of Kennebec, State of Maine, PLAINTIFF v. IACOB N. MATHEWS and IESSICA J. MATHEWS, of Whitefield, County of Lincoln, State of Maine, DEFEND ANT(S) and MIDCOAST MAINE COMMUNITY ACTION (f/k/a Coastal Economic Development Corporation), of Bath, County of Sagadahoc, State of Maine, and PORTFOLIO RECOVERY ASSOCIATES, LLC, of 120 Corporate Boulevard, Norfolk, Virginia 23502, PARTIES-IN-INTEREST
JUDGMENT OF FORECLOSURE AND SALE (14 M.R.S. §6322)
After considering the Plaintiffs Motion for Summary Judgment dated March 16, 2015, and after notice to all parties, no objection having been filed, the Court makes the following Findings and Orders Judgment of Foreclosure as follows:
A. Names and Address of Parties to Action and their Attorneys:
| Party | Attorney |
| Plaintiff- Maine State Housing Authority 353 Water Street Augusta, ME 04330 | Richard L. Currier, Esq., Bar #2245 Currier & Trask, P .A. 55 North Street Presque Isle, Maine 04 7 69 |
| Defendant- Jacob N. Mathews 434 Mills Road Whitefield, ME 04353 | None- Defaulted |
| Defendant- Jessica J. Mathews 434 Mills Road Whitefield, ME 04353 | None- Defaulted |
| Party-In-Interest- Midcoast Maine Community Action 34 Wing Farm Parkway Bath, ME 04530 | None- Defaulted |
| Party-In-Interest- Portfolio Recovery Associates, LLC c/o Corporation Service Company 45 Memorial Circle Augusta, ME 04330 | None- Defaulted |
B. Certification of Service:
| Name of Party | Date and Method of Service |
| Defendant- Jacob N. Mathews | In Hand By Deputy Sheriff on September 24, 2014 with an Answer, Financial Statement and Return Envelope addressed to the Clerk of Court |
| Defendant- Jessica J. Mathews | In Hand By Deputy Sheriff on September 24, 2014 with an Answer, Financial Statement and Return Envelope addressed to the Clerk of Court |
| Party-In-Interest- Midcoast Maine Community Action | In Hand By Deputy Sheriff on September 30, 2014 upon Candice Carpenter, Director and Administrative Services. |
| Party-In-Interest- Portfolio Recovery Associates, LLC | In Hand By Deputy Sheriff on September 23, 2014 upon Corporation Service Company, its Registered Agent. |
C. Type of Action:
Action for Foreclosure of a Mortgage Deed by Civil Proceeding, 14 M.R.S. §6321 et seq.
D. Real Estate Description:
A certain lot or parcel of land with the buildings thereon situated in Whitefield, County of Lincoln and State of Maine, bounded and described as follows:
Commencing on the westerly side of Route #218 leading from North Whitefield to Coopers Mills, and at the southeasterly corner of land now or formerly of Aaron Simmons; thence in a southwesterly direction on said Simmons southerly boundary a distance of three hundred fifty (350) feet to an iron pin; thence in a southerly direction and parallel with the aforesaid road a distance of two hundred fifty (250) feet to an iron pin; thence in a southeasterly direction a distance of three hundred fifty (350) feet to the aforesaid road; thence in a northerly direction on said road a distance of three hundred (300) feet to the point of beginning.
Also the right to take water from a spring located on property of Olavi O. Miete and Doris E. Miete westerly of said described parcel of land, together with the right to lay, maintain and repair water pipes to said spring.
For Grantor's source of title reference is made to a Deed from Elwin W. Joslyn to Allen E. Brann and Elaine K Brann dated February 26, 1980 and recorded in the Lincoln County Registry of Deeds in Book 1023, Page 285. Allen E. Brann died on January 2, 2003 leaving Elaine K. Brann as the surviving joint tenant.
E. The Court finds full compliance with the provisions of 14 M.R.S. §6111, §6321-A and §6321 as well as Rules 56(j) and 93, M.R.Civ.P. relating to Mediation under the Foreclosure Diversion Program. Plaintiff has properly certified compliance and has provided proof to the Court sufficient to meet the statutory requirements and Rule 56(j).
F. Order and Judgment of Foreclosure: The following constitutes the final order affecting the premises above described and is entered on the date below by the Court:
1. Defendant(s), Jacobs N. Mathews and Jessica J. Mathews, have breached the conditions of the note and mortgage deed, held by Plaintiff, dated November 14, 2005 and recorded in the Lincoln County Registry of Deeds in Book 3590, Page 3.
2. As of March 16, 2005, there is due and owing Plaintiff upon said note and mortgage from said Defendants the following:
| a. Principal balance due in the sum of | $99, 847.48 |
| b. Accrued Interest as of 3/16/15 | $9, 040.86 |
| c. Late charges of | $103.20 |
| d. Advances for Taxes and Insurance | $2, 569.08 |
| e. Inspections | $160.00 |
| f. Legal fees and expenses of foreclosure | $2, 972.82 |
| TOTAL DUE | $114, 693.44 |
Together with interest of $12.35 (4.625%) per day until the sale of the premises as hereafter provided.
3. The priorities of the parties as of the date of filing Plaintiffs Complaint, and the amounts due to the parties, are as follows:
A. SUPERIOR PRIORITY LIENS: None
B. FIRST PRIORITY: The mortgage deed of the Plaintiff, dated November 14, 2005 and recorded in the Lincoln County Registry of Deeds in Book 3590, Page3.
C. SECOND PRIORITY: A certain Writ of Execution lien to Midcoast Maine Community Action in the principal sum of $9, 860.54, recorded at Book 3590, Page 28, Lincoln County Registry of Deeds.
D. THIRD PRIORITY: A certain Writ of Execution lien to Portfolio Recovery Associates, LLC in the principal sum of $3, 382.63, recorded at Book 4421, Page 176, Lincoln County Registry of Deeds.
E. PUBLIC UTILITY EASEMENTS: NONE
WHEREFORE, it is hereby Ordered and Decreed that a Judgment of Foreclosure and Sale is hereby entered in favor of the Plaintiff, Maine State Housing Authority, against the Defendant(s) provided that if the Defendant(s), their heirs, successors and assigns, do not pay to Plaintiff the amounts adjudged to be due under Plaintiffs mortgage as set forth in Paragraph F.2 above, within ninety (90) days from the date of entry hereof, then Plaintiff shall sell Defendant's real estate free and clear of all liens and encumbrances pursuant to 14 M.R.S., Section 6321, et seq., and shall disburse the proceeds of such sale as follows:
a. To Plaintiff, Maine State Housing Authority, the sum of $ 114, 693.44 plus $ 12.35 per day after 3/16/15 plus additional attorney's fees, real estate taxes, costs, expenses of sale and amounts advanced to protect the security of Plaintiffs mortgage up to and including the date of sale to the Plaintiff.
b. Next, to Midcoast Maine Community Action in satisfaction of its lien or mortgage encumbrance, the sum of $0.
c. Next, to Portfolio Recovery Associates, LLC in satisfaction of its lien or mortgage encumbrance, the sum of $0.
d. Any remaining funds to the Defendants (or Clerk of the Superior Court to be distributed pursuant to statute).
e. A Writ of Execution shall issue against the Defendant(s), for any deficiency, provided that the statutory requirements are met.
Plaintiff is granted exclusive possession of the real estate described upon expiration of the statutory ninety (90) day redemption period and Defendant(s) are Ordered to vacate the real estate at that time if Defendant(s) have not by that date redeemed the real estate in accordance with statutory procedure. A Writ of Possession shall issue to Plaintiff for possession of said real estate if it is not redeemed, upon request by Plaintiffs counsel.
All parties have been served and given notice of the hearing on Plaintiffs Motion For Summary Judgment in accordance with Rules 56 and 7(b), Maine Rules of Civil Procedure.
The Plaintiffs attorney shall record this Judgment in the Lincoln County Registry of Deeds.
The Clerk is specifically directed pursuant to Civil Rule 79(a) to enter this Judgment on the civil docket by a notation incorporating it by reference.