HSBC Bank USA V. Littlefield

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~ STATE OF MAINE CUMBERLAND, ss. SUPERIOR COURf CMLACTION DOCKETNO. PORSC-RE-1S-12S TD vV- L{ ¢ )'. -· L; .·~ L'(!~) ~::'-' c c· I I **** ******************************************** * ** HSBC BANK USA, N.A. PLAINTIFF v. ':: -~- ' .. FORREST R. LITTLEFIELD AND DEBRA L. LITTLEFIELD DEFENDANTS AND BENEFICIAL MAINE, INC. PARTY IN INfEREST ** * * * * ******************* ****** **** *** ********** *** CONSENTED JUDGMENT OF FORECLOSURE AND SALE WITH WAIVER OF REDEMPTION TITLE TO REAL ESTATE IS INVOLVED · V / 24 7 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 24 7 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 Accrued Interest Escrow Advance Pro Rata MIP /PMI Late Charges Appraisal Fees Property Preservation Fees Miscellaneous Fees I Costs Bankruptcy Fees/Costs Attomey's Fees and Costs Total $159,015.72 $46,084.35 $12,795.21 136.54 $2,341.45 $100.00 $3,670.00 $630.00 $1,000.00 $2,836.80 $228,610.07 Additional pre-judgment interest is accruing and post-judgment interest will accrue at a rate of7.25% per annum in accordance with the Note and 14 M.R.S. §§ 1602-B and 1602-C. Additional attomey's fees, real estate taxes, costs and amounts advanced to protect the security of Plaintiffs 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: b. Forrest R Littlefield 395 Portland Road, Apt. B Gray, ME 04039 Counsel: c. Pro Se Beneficial Maine, Inc. c/o C.T. Corporation 1536 Main Street Readfield, ME 04355 Counsel: 10. Pro Se Debra L. Littlefield 395 Portland Road, Apt. B Gray, ME 04039 Counsel: d. 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 Unknown 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 TIIEREFORE 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, forth above; to HSBC Bank USA, N.A., its successors and assigns, as set 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. Littlefied. c. All remaining rights of the Defendants to possession shall terminate upon enb:y 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 entiy 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 Regisb:y of Deeds and paying the recording fee. g. Pursuant to Rule 79(a) this Order may be incorporated by reference on the Civil Docket. Dated: L.f [ v=t {1 ~ Entered On: STATE OF MAINE Cumberland. s~. Clerk's Office Seen and Agreed: '.' ~L'\:\R_;};:· [\~;,~ -,/'> ~" , ~ ~. ~j( Littlefi~ .I Forrest R. Debra L. Littlefield ¢ . \ Date L' HSBC Bank USA, N .A. ,-Jr., sq. #3 William B. Jor , Esq. #461 Elizabeth P. Hunt, Esq. #3162 £Levh..JOy2... L. DoLU.INGIAE2. 1 Eo'>G. 6 t+-Lfw 1"2. This document may be executed with counterpart original signature pages which together may constitute a complete written agreement. A CERTAIN LOT OR PARCEL OF- LAND, WITH THE BUILDINGS THEREON, LOCATED IN THE TOWN OF GORHAM IN SAID COUNTY OF CUMBERLAND AND STATE OF MAINE, BOUNDED AND DESCRIBED S FOLLOWS: ,.. .! i' .,I ' .i I I BEGINNING AT A POINT ON THE SOUTHERLY LINE OF BRACKET. :. ROAD, ·sAID" POINT BEING FIFTY (50) FEET EASTERLY FROM NORTHWEST CORNER·or LAND DESCRIBED· IN A DEED RECORDED CUMBERLAND COI)NT'( REGISTRY OF DEEDS IN BOOK 1050, PAG · 11.4, SAID. POINT ALSO BEING THE NORTHEASTERLY CORNER·OF LAN CONVEYED BY HOWARD W. RAYMOND BY DEED RECORDED IN SAI REGISTRY OF DEEDS IN"BOOK 2686 PAGE 449; THENCE: SOUTH LY BY THE EASTERLY LINE OF SAID· LAND CONVEYED BY SAID, H WAD N. RAYMOND TWO :HU!'JDRED (200) FEET, MORE OR LESS, TO L 0 NOW OR FORMERLY OF ONS DORSETT; THENCE EASTERLY BY SAI DORSETT LAND FIFTY (50) FEET TO A POI.NT1 THENCE NORTHE. LY . AND PARALLEL WITH THE. FIRST DESCRIBED ·LINE TO BRACKETT RO.n.D; THENCS WESTERLY BY SAID BRACKETT ;{QAD FifTY (50) fSST TO T~E· POINT OF BEGINNING. I ALSO A CERTAIN LOT OR PARCEL OF LAND SITUATED IN LITTLt FALLS VILLAGE IN THE TOi-IN OF GORHAM IN SAID COUNTY Of Cf.!MBEil.LAND AND STATE: OF MAI.NE, .ON. THE SOUTHERLY SIDE: 0! BRACKETT. ROAD, SO CALLED, BOUNDED AND DESCRIBED AS FOLLOI~S: BEGINNING ON THE SOUTMERLY SIDE LINE OF SAID BRACKETT OAO AT THE NORTHWESTERLY CORNER OF THE LOT Or LAND CONVEY£ TO WILLIAM B. RANDALL .ET AL,.BY DONALD R. AND MARGUERITE . JURGE:NSON BY DEED DATED APRIL 25, 1950 AND RECOR.DED IN CUMBERLAND COUNTY REGISTRY· OF DEEDS IN.BOOK 1997, PAGE:162;· THENCE RUNNING EASTERLY.ALONG THE SOUTHERLY SIDE: LINE ·F s.n.m BRACKETT. ROAD TVIENTY r2o) FEET ro A· POINT; THENC::.:I SOUTHERLY, PARALLEL \HTH THE I~E:STERLY 50UNDA~Y LINE Of. SP.I D . LAND CONVEYDED ·ro WILLIAM B. RANDALL ET AL, BY SAID , JURGE:N.SONS, AND KEEPING AN EVEN DISTANCE OF TWENTY (20 fEET THEREFROM, DISTANCE OF" TWO HONORED. (200) FEET, MO~E OR LESS, TO LAND NOW OR FORM~RLY OF EDMUND.DORSET, ALSO C~LLED EDMOND OORSITE; THENCE RUNNING WESTERLY BY.THE NORTHERt.Y BOUNDARY LINE OF SAID DORSE"f LAND T~IE:NTY (20) FEET TO AND· NO~I OR FORMERLY OF MIKE HEEL; THENCE NORTHERLY BY THE . EASTERLY BOUNDARY LINE Of SAID MIKE: HEEL'S LAND T\-10 HUNDRED FEET (200), MORE,~9R LESS, T.O Sl\J;D BRJ.CK/T ROAD AT THEr POINT OF BE~NNI~. ;' I 24~ I .ADDRESS: HUSTON RD; . GORHk,. ME 040385801 /TAX MAr OR PARCEL ID NO.: MAP lll.LOT 35 CERfiFICATION OF CLERK PURSUANT TO 14 M.R.S. § 2401(3) (F) Pursuant to 14 M.R.S. § 2401(3)(F), it is hereby certified that no notice of appeal of the Judgment of Foreclosure and Sale in this matter was flied with the Clerk of Court in this action within the appeal period following entry of judgment or that the final judgment has been entered after remand following an appeal. Dated: Clerk of Court 12-017457

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