The opinion
STATE OF MAINE SUPERIOR COURT
LINCOLN, ss. CIVIL ACTION
Docket No. RE-14-0 13
CAMDEN NATIONAL BANK,
Plaintiff
ORDER ON MOTION FOR
v. SUMMARY JUDGMENT
JEAN T. IRAVERS,
Defendant
Before the court is plaintiff's motion for summary judgment in an action for foreclosure
brought pursuant to 14 M.R.S. §§ 6321-6325 (2013). No opposition to the motion has been filed.
The plaintiff's motion for summary judgment is subject to Rule 560), which imposes
detailed requirements for granting summary judgment in foreclosure actions. M.R. Civ. P.
560). 1 The court is independently required to determine if those requirements have been met and
is also required to determine whether the mortgage holder has set forth in its statement of
material facts the acts necessary for summary judgment in a residential mortgage foreclosure.
Bank ofAmerica, NA. v. Greenleaf, 2014 ME 89, ~ 18, 96 A.3d 700; Chase Horne Fin. LLC v.
Higgins, 2009 ME 136, ~ 11, 985 A.2d 508.
After reviewing the file, the court concludes that the plaintiff has satisfied the substantive
and procedural requirements for a summary judgment of foreclosure. See 14 M.R.S. §§ 6111,
1
Maine Rule of Civil Procedure 560) states, in part:
No summary judgment shall be entered in a foreclosure action filed pursuant to Title 14, Chapter
713 of the Maine Revised Statutes except after review by the court and determination that (i) the
service and notice requirements of 14 M.R.S. § 6111 and these rules have been strictly performed;
(ii) the plaintiff has properly certified proof of ownership of the mortgage note and produced
evidence ofthe mortgage note, the mortgage, and all assignments and endorsements of the
mortgage note and the mortgage; and (iii) mediation, when required, has been completed or has
been waived or the defendant, after proper service and notice, has failed to appt:ar or respond and
has been defaulted or is subject to default.
6321 (2013); M.R. Civ. P. 56G); Greenleaf, 2014 ME 89, ~ 18, 96 A.3d 700; Chase Home Fin.,
2009 ME 136, ~ 11, 985 A.2d 508.
A plaintiff in a foreclosure action must "certify proof of ownership of the mortgage note
and produce evidence of the mortgage note, mortgage and all assignments and endorsements of
the mortgage note and mortgage." 14 M.R.S. § 6321. Additionally, to prevail on an action of
foreclosure, a plaintiff must show that the notice requirements of 14 M.R.S. § 6111 have been
strictly performed. !d. Here, the plaintiff has provided sufficient evidence of plaintiffs
ownership of the mortgage note, the mortgage note itself, the mortgage, and the notice of default.
(S.M.F. 1-7.) The plaintiff also showed that the defendant is not in military service. (S.M.F. ~
23); see Greenleaf, 2014 ME 89, ~ 18, 96 A.3d 700.
The entry shall be:
Plaintiffs Motion is GRANTED. Judgment for foreclosure is granted to Plaintiff by
separate Judgment, for the reasons set forth in this Order.
The Clerk is directed to incorporate this Order into the docket by reference pursuant to
Maine Rule of Civil Procedure 79(a).
2
STATE OF MAINE SUPERIOR COURT
LINCOLN, SS. CIVIL ACTION
DOCKET NO. RE-14-13
CAMDEN NATIONAL BANK, )
)
Plaintiff, ) ORDER AND JUDGMENT FO
) FORECLOSURE AND SALE
v. )
)
JEAN T. TRAVERS, through Samuel G. )
Cohen, her agent, ) Title to Real Estate Involved
)
Defendant. )
Title to 5 Medomak Terrace, Waldoboro, Maine is Involved
Mortgage recorded in the Lincoln County Registry of Deeds at Book 4261, Page 242
Upon Plaintiffs, Camden National Bank ("Plaintiff'), Motion for Summary Judgment,
and Entry of Final Judgment, and Incorporated Memorandum of Law dated January 3, 2015,
after notice to all parties, and no opposition having been filed, and after review of the pleadings,
Affidavits, Statement of Material Facts, and other information of record on file, the Court finds
pursuant to M.R. Civ. P. 7(c), 54(b), 55(a), 56(h), and 24(a)(2) and certifies pursuant to 14
M.R.S.A. § 2401(3):
1. That the record indicates the following Parties and Counsel of Record:
PARTY COUNSEL
Plaintiff: Camden National Bank Stephanie A. Williams, Esq.
245 Commercial St. Perkins Thompson, PA
Rockport,ME 04856 P.O. Box 426
Portland, ME 04112-0426
{P0822173.1)
Camden National Bank v. Jean T. Travers, et al.
Docket No. RE-14-13
Defendant: Jean T. Travers None ofrecord
4072 Berkshire Drive
Sarasota, FL 34241
2. That Defendant has received notice of the proceedings in this action and that the
notice was given in accordance with the applicable provisions of the Maine Rules of Civil
Procedure;
3. That venue is properly laid in this Court;
4. That Defendant Jean T. Travers ("Defendant"), failed to answer or otherwise
defend Plaintiffs Complaint, or serve a copy of any answer or other defense that she might have;
5. Defendant failed to request mediation and therefore, no mediation occurred;
6. On or about August 1, 2014, this Court granted Cohen's Motion to be Excused as
Defendant's agent, and is not responsible for participating or otherwise defending Defendant as her
agent in this matter;
7. That there is no genuine issue as to any material fact involving the Plaintiffs
Complaint, and that the Plaintiff is entitled to judgment as a matter of law;
8. That Defendant is in default under the terms of a certain Equity Line Agreement
and Disclosure Statement held by Plaintiff dated February 18, 2010 (the "Note"), and received
proper notice of said default;
9. That Plaintiff is the holder of a certain Mortgage to secure the Note, dated
February 18, 2010, and recorded in the Lincoln County Registry of Deeds in Book 4261, Page
242 (the "Mortgage"). Reference is made to the Mortgage for a more particular description of
the mortgaged real estate located at 5 Medomak Terrace, in the Town of Waldoboro, County of
Lincoln, and State of Maine (the "Property Address"), which Property Address includes the
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Camden National Bank v. Jean T. Travers, et al.
Docket No. RE-14-13
Mobile Home.
10. That Plaintiff is owed the following under its Note and Mortgage:
a. principal balance: $150,071.93
b. deficit in the escrow accounts: $3,044.98
c. accrued interest through December 23, 20 14: $6,159.06
d. attorneys' fees and disbursements through September 25, 2014: $1,840.50
SUBTOTAL: $161,116.47
e. additional reasonable attorneys' and paralegal fees and expenses incurred
by Plaintiff in finalizing Plaintiff's Motion for Summary Judgment and Entry of
Final Judgment, and Incorporated Memorandum of Law ("Motion"), and
supporting documents; preparing for and attending any hearing on the Motion;
drafting a letter regarding the period of redemption; obtaining and recording
Clerk's Certification regarding appeal; drafting redemption documents or in
obtaining a Writ of Possession and preparing for and conducting the foreclosure
sale; filing and supporting a Report to Court; obtaining relief from automatic stay
in any subsequent proceeding in U.S. Bankruptcy Court; and pursuing collection
of any deficiency judgment to the extent it is not discharged in bankruptcy;
f. additional interest accruing on said principal balance from and including
December 24, 2014, at the rate of$16.34 per day, which is 4% per annum, subject
to adjustment as set forth in the Note; and
g. any amounts advanced by Plaintiff to protect its mortgage security;
11. That the order of priority and the amount of the claim of each party appearing and
proving its claim against the proceeds of sale, after payment of expenses of sale, is as follows:
a. Camden National Bank: $161,611.47, plus accrued interest at the current Note
rate of$16.34 per day (which 4%), from and including December 24,2014, to the date of entry
of judgment, plus interest after judgment at 6.13% (the appropriate rate pursuant to 14 M.R.S.A.
§ 1602-C because the maximum Note rate is less than the weekly average one-year United States
Treasury bill rate as published by the Board of Governors ofthe Federal Reserve System for the
last full week of 2013 plus 6%), plus further legal fees and expenses incurred by Plaintiff as
(P0822173.!) -3-
Camden National Bank v. Jean T. Travers, et al.
I>ocketNo.FUE-14-13
described in paragraph 10 above, plus any amounts advanced by Plaintiff to protect its mortgage
security, including insurance premiums and real estate taxes; and
b. Clerk of Courts: any excess proceeds from sale, pursuant to 14 M.R.S.A. § 6324.
12. That Plaintiffs claim for attorney fees is integral to the relief sought, within the
meaning of M.R. Civ. P. 54(b)(2); and
13. That there is no just reason for delay in the entry of fmal judgment for Plaintiff on
all claims, except for the claim for attorney fees incurred by Plaintiff after September 25, 2014,
for the following reasons:
a. If summary judgment is granted but not entered as final, the time periods set forth
in 14 M.R.S.A §§ 6322 and 6323 will commence even though the judgment is subject to later
revision;
b. The Plaintiff and any bidders at the foreclosure sale would be exposed to some
risk in proceeding to a sale if judgment is not final and remains subject to revision; and
c. Any dispute regarding attorney fees incurred by Plaintiff after September 25,
2014, may be resolved by I>efendant filing a motion contesting Plaintiffs Report of Public Sale
as provided in 14 M.R.S.A. § 6324.
WHEFUEFOFUE, it is hereby Ordered and I>ecreed:
a. That if Defendant, her heirs, assigns, or agents do not pay the Plaintiff the
amounts adjudged to be due to Plaintiff in paragraph 10 above within ninety (90) days from the
date of entry of this Order, Plaintiff (through its agents or attorneys) shall, unless it elects to
allow Defendant to cure and reinstate, proceed with a sale of the real estate described in the
mortgage deed recorded in the Lincoln County Registry of Deeds in Book 4261, Page 242,
pursuant to 14 M.R.S.A. §§ 6321-6324, free and clear of all liens, except liens senior to
{P0822173.1) -4-
Camden National Bank v. Jean T. Travers, et al.
Docket No. RE-14-13
Plaintiffs Mortgage, and shall pay the proceeds of sale, after satisfying expenses of sale, in the
priority order and amounts set forth in paragraph 11 above;
c. That the Clerk is hereby directed to enter this Order and Judgment of Foreclosure
and Sale as a final judgment pursuant to Rule 54(b)(1 ), except as to attorney fees incurred after
September 25, 2014;
d. That if Defendant fails to redeem by paying the above amounts adjudged to be due
on or before ninety (90) days from the date of entry of this Order (or cure and reinstate within
such additional time as Plaintiff may in its sole discretion allow), or if Defendant abandons the
mortgaged property, Plaintiff shall then be entitled, at its option, without further hearing to take
exclusive possession of the real estate described in Plaintiffs Mortgage, and a writ of possession
shall then issue forthwith upon Plaintiffs request;
e. That an execution shall issue against the Defendant for any deficiency,
provided the statutory requirements are met;
f. That Plaintiff shall specify attorney fees incurred after September 25,2014, in its
Report of Public Sale, which shall then constitute a timely application for an award of additional
attorneys fees, notwithstanding the requirements ofM.R. Civ. P. 54(b)(3) to file such application
within 60 days after judgment; Defendant may contest the Report and application for additional
fees by filing a motion pursuant to 14 M.R.S.A. § 6324;
g. That once the applicable appeal period has expired, Plaintiff shall prepare and the
Clerk shall execute an appropriate certification either that no action was taken or that an appeal
was filed, and Plaintiff shall then record the said certification and a copy of this Judgment in the
Registry of Deeds for Lincoln County and pay the recording fees therefore, in compliance with
14 M.R.S.A. § 2401(3), such fees and costs so incurred by Plaintiffto be added to and become
{P0822173.1} -5-
Camden National Bank v. Jean T. Travers, et al.
Docket No. RE-14-13
part of the mortgage indebtedness secured by the Mortgage; and
h. That the Clerk shall enter the following in the docket:
___ entered for
_ _,_\-""'~----"i._t_-s-
"Order and Judgment of Foreclosure and Sale dated __-r
the Plaintiff as a final judgment except for attorneys fees incurred after September 25, 2014.
Said Order is incorporated in the docket by reference. This entry is made in accordance with
M.R. Civ. P. 79(a) at the specific direction of the Court."
Dated at.W /7~-clMaine, this ~day of 3 VI\ \' ,20_Q_.
Date Order Entered on the Court's Docket: 'I \ 1'3 \ I. '"5'
-----~--------
I hereby certify that the applicable appeal period expired without action on
CLERK, LINCOLN COUNTY
SUPERIOR COURT
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