Opinion
Civil Action PORSC-RE-13-12
06-06-2013
HSBC BANK USA, N.A. PLAINTIFF v. FORFIEST R. LITTLEFIELD AND DEBRA L. LITTLEFIELD DEFENDANTS AND BENEFICIAL MAINE. INC. PARTY IN INTEREST
Leonard F. Morley, Jr., Esq. William B. Jordan? Esq. Elizabeth P. Hunt, Esq.
Leonard F. Morley, Jr., Esq.
William B. Jordan? Esq.
Elizabeth P. Hunt, Esq.
CONSENTED JUDGMENT OF FORECLOSURE AND SALE WITH WAIVER OF REDEMPTION TITLE TO REAL ESTATE IS INVOLVED
247 Huston Road, Gorham, Maine 04038 Cumberland County Registry of Deeds Book 26596, Page 339
With the consent of the parties who have appeared in this action, the Court finds as follows:
1. The Defendants have breached the conditions of the Mortgage given by Debra L. Littlefield and Forrest R. Littlefield to Mortgage Electronic Registration Systems, Inc., as nominee for Solstice Capital Group Inc., its successors and assigns, dated December 22, 2008 and recorded in the Cumberland County Registry of Deeds in Book 26596, Page 339 (the "Mortgage"), by defaulting on the Promissory Note secured thereby. The Mortgage was assigned to HSBC Mortgage Corporation (USA), evidenced by assignment recorded February 17, 2010 in Book 27596, Page 332. The Mortgage was further assigned to HSBC Bank USA, N.A., evidenced by assignment recorded February 1, 2012 in Book 29316, Page 161. The subject property is located at 247 Huston Road, Gorham, Maine 04038 and is more particularly described in the legal description attached hereto as Exhibit A (the "Premises").
2. Defendants have not filed a timely request for mediation, and therefore mediation is not mandatory in this case in accordance with 14 M.R.S. § 6321-A.
3. As of May 1, 2013, the following amounts are owed to the Plaintiff under the terms of the Note and Mortgage:
Principal Balance $159, 015.72
Accrued Interest $46, 084.35
Escrow Advance $ 12, 795.21
Pro Rata MIP/PMI 136.54
Late Charges $2, 341.45
Appraisal Fees $100.00
Property Preservation Fees $3, 670.00
Miscellaneous Fees/Costs $630.00
Bankruptcy Fees/Costs $1, 000.00
Attorney's Fees and Costs $2, 836.80 ____
Total $228, 610.07
Additional pre-judgment interest is accruing and post-judgment interest will accrue at a rate of 7.25% per annum in accordance with the Note and 14 M.R.S. §§ 1602-B and 1602-C. Additional attorney's fees, real estate taxes, costs and amounts advanced to protect the security of Plaintiff s mortgage may continue to accrue through the date of redemption or sale and the completion of these proceedings.
4. The Defendants, Debra L. Littlefield and Forrest R. Littlefield have waived the 90-day period of redemption pursuant to 14 M.R.S. §6322.
5. No deficiency is claimed by the Plaintiff due to the discharge entered in the Defendants' Chapter 7 bankruptcy case, District of Maine, Docket No. 10-20413.
6. The order of priority of any party appearing in this action is as follows:
First Priority: The Mortgage held by HSBC Bank USA, N.A. recorded in the Cumberland County Registry of Deeds in Book 26596, Page 339. The amount due the Plaintiff is as set forth above.
Second Priority: Forrest R. Littlefield and Debra L. Littlefield
7. The following party was named but has not answered or otherwise appeared, and therefore is not a necessary party to this consent judgment:
Beneficial Maine, Inc.
8. There are no public utility easements affected by this action.
9. The names and addresses (if known) of all parties to this action and their counsel of record are identified as follows:
a. HSBC Bank USA, N.A. 2929 Walden Avenue Depew, NY 14043
Counsel: Leonard F. Morley, Jr., Esq. #3856 William B. Jordan, Esq. #461 Elizabeth P. Hunt, Esq. #3162 Shapiro & Morley, LLC 707 Sable Oaks Dr., Suite 250 South Portland, Maine 04106 (207) 775-6223
b. Forrest R Littlefield 395 Portland Road, Apt. B Gray, ME 04039
Counsel: Pro Se c.
Debra L. Littlefield 395 Portland Road, Apt. B Gray, ME 04039
Counsel: Pro Se
d. Beneficial Maine, Inc. c/o C.T. Corporation 1536 Main Street Readfield, ME 04355
Counsel: Unknown
10. The docket number for this action is PORSC-RE-13-128.
11. All parties have received notice of these proceedings in accordance with the applicable provisions of the Maine Rules of Civil Procedure and any order of this Court.
12. The Court finds that the procedure set forth in 14 M.R.S. § 6013 for the removal and disposal of any personal property remaining at the subject real property following any public sale shall be applicable to this proceeding notwithstanding the lack of any landlord/tenant relationship.
IT IS THEREFORE ORDERED AND ADJUDGED that:
a. Judgment of Foreclosure and Sale is hereby entered in favor of HSBC Bank USA, N.A. HSBC Bank USA, N.A., its successors and assigns, shall sell the Premises pursuant to 14 M.R.S. § 6321 et seq., and shall disburse the proceeds of the sale, after deducting the expenses thereof, in the following order:
First, to HSBC Bank USA, N.A., its successors and assigns, as set forth above;
Second, the surplus proceeds, if any, to Forrest R. Littlefield and Debra L. Littlefield in accordance with 14 M.R.S. § 6324.
b. No claim for a deficiency shall issue against Forrest R. Littlefield and Debra L. Littlefield.
c. All remaining rights of the Defendants to possession shall terminate upon entry hereof. Defendants are ordered to vacate the real estate, and a Writ of Possession shall issue to the Plaintiff for possession of the real property upon application for the same.
d. The Plaintiff shall follow the procedure set forth in 14 M.R.S. § 6013 for the removal and disposal of any personal property remaining at the subject real property following any public sale.
e. The Court specifically finds that there is no just reason for delay of the entry of final judgment for the relief requested in Plaintiffs complaint, and the Clerk is directed to enter this Order as a final judgment pursuant to Rule 54.
f. If an appeal is not filed and the Clerk has so certified, HSBC Bank USA, N.A. shall be responsible for recording an attested copy of this judgment in the Cumberland County Registry of Deeds and paying the recording fee.
g. Pursuant to Rule 79(a) this Order may be incorporated by reference on the Civil Docket.
This document may be executed with counterpart original signature pages which together may constitute a complete written agreement.