Wilmington Savings Fund Society v. Ryan

Electronically Kiléd: 4,

STATEOF MAINE. 2 22.2.2... SUPERIOR COURT...

- PENOBSCOT, ss. mon CIVIL ACTION

DOCKET NO. PENSC- REA- 2.022-
0003.1

. be RE AHA RR RARER OE ORR RR ERE RHE

WILMINGTON SAVINGS FUND SOCIETY,
“FSB, D/B/A CHRISTIANA TRUST AS
TRUSTEE FOR PNPMS T RUST ITI

PLAINTIFF

_FREDA E. RYAN

| DEFENDANTS)

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JUDGMENT OF FORECLOSURE AND SALE
TITLE To REAL ESTATE IS INVOLVED

. 7 34 Dodlin Road, West Enfield, Maire. 04493
'. Penobscot County Registry of Deeds Book 11104, Page 135.

Upon notice and_after-trial,.the Court finds as follows:....

4 The Plaintiff is the owner and holder of a certain Note and Security

* Agreement in the original principal amount of $17,572.52 given by Phillip M.
Ryan Sr. and Freda E. Ryan to CitiFinancial, Inc. (the “Note”). The Plaintiff is the

owner and mortgagee of record of a mortgage recorded in the Penobscot County ~

oe Registry of. Deeds in Book11104, Pagé 135 (the “Mortéage”), affecting real
_.. propérty located at 734 Dodlin Road, West Enfield, Maine 04493 more.
particularly 4 described in ‘the: legal description attached to the Mortgage (the

“Premises’}. |

OQ "Freda F E: Ryan i js the owner of certain real | property | located at 734 |

: Dodlin Road, West Enfield, ME, by virtue of a deed from David W: Jones and
- Mary Ann Jones to ‘Phillip M. Ryan, Sr. and Freda E. Ryan, as joint tenants,

dated August 23, 1985 and recorded in the Penobscot County Registry of Deeds

~ on August 23, 1985 in Book 3708, Page 165. Upon information and belief Phillip |
Do M. Ryan, Sr. died on April 29, 2014, leaving Freda E. Ryan ¢ as surviving joint
tenant.

4.

‘The Mortgage was assigned as follows: .

Assignment. from ‘CFNA_ Receivables (MD), Ince. F/K/ A
Citifinancial, Inc. to Citifinancial Servicing LLC dated January 3,

2017 recorded on January 10, 2017 in Book 14384, Page 103.

_ Assignment fiom CitiFinancial Servicing, LLC to. Wilmington
- Savings. Fund Society, FSB, D/B/A Christiana Trust, not in its |

individual capacity but solely in its capacity as owner trustee for

WF 19 Grantor Trust dated January 3, 2017 recorded on —

January 10, 2017 in Book 14384, Page 104.

Assignment - ” from CFNA Receivables (MD), “Ine F/ K/A

CitiFinancial, Inc. to CitiFinancial Servicing, LLC dated February.

_ 1, 2017 recorded on February 10, 2017 in Book 14408, Page 29.

“Assignment. from Wilmington Savings Fund Society, FSB, D / B/A
_ Christiana Trust, not in its individual capacity but solely in its:

.’ capacity as owner trustee for WF 19 Grantor Trust to Wilmington

a Savings Fund Society, FSB, D/B/A Christiana Trust as Trustee
‘for PNPMS. Trust III dated ‘April 9, 2021 recorded on April 20,

2021 in Book 15988, Page 151.

There ‘has been a “breach of the « conditions of said Mortgage ; as a.

oo result of a default on the Note secured thereby.

. Defendant has not answered or otherwise appeared in this action,

. s and mediation thus i is not required by 14 M. R. Ss. § 6321-A.

6. “As of January 19, 2024, the following amounts, exclusive of fees and
costs. for preparation for and attendance at trial, are owed to the Plaintiff under
the terms: of the Note and | Mortgage:

. “Total .

Principal Balance ee - $11,341.45

Accrued Interest (© 3. °°. > $11,841.61

_ Property Inspection Fees) - ° . $24.00.
Property Preservation Fees . . $135.00

'. Property Registration. . - = $95.00
‘Prior Firm Attorney Fees & Costs /Current Foreclosure __ $308.96

- . “Title Advances - $471.00
.. Attorney’s Fees and Costs : $3,331.74
on $27,548.76

N

Additional prejudgment. interest. ds: accruing. and post-judgment interest will

~~ aecrue at a rate of 14.7072% per annum in-accordance with the Note and 14°—

_. M.R.S. 8§ 1602-B and 1602- -C.. Additional attorney's fees, real estate taxes, costs

and amounts advanced to protect the security of the Mortgage may continue to
- accrue through the date of, tedemption or sale and the completion — of these’
proceedings. »

on. ‘The order of priority ofa any party appearing in this action is as follows: .

First Priority: | The “Mortgage held by Wilmington Savings Fund

. - Society; FSB; d/b/a Christiana Trust.as Trustee for PNPMS Trust Ill recorded in .

the. Penobscot County Registry of Deeds in Book 11 104, Page 135.. The amount

oo ate the Plaintiff is as set forth above. -

. . 8. The following parties were named i in. this action’ but did not answer or
~ ‘otherwise appear: be

“Freda E. Ryan.
9. There are no public utility easements affected by this action.

a - £10. The names and: ‘addresses if known) of all parties to this action and
their counsel of record : are identified as follows: :

aL Wilmington Savings Fund ‘Society, FSB, jp |: a Christiana
=. -*>. Trust.as. Trustee for PNPMS Trust III .
c/o Statebridge. Company, LLC -
“6061 S.. Willow Drive, Suite 300
. Greenwood Village, co 801 11

Soe ve Counsel: “Robert J ackson, Esq., #4496
cele, | . Korde & Associates, PC...
_ 107 Sable Oaks Dr., Suite 250

- (207) 1T5- 6223

oon b. Freda E, Ryan
LS Morrison Avenue

Clinton, ‘ME 04927 |

oe Counsel: . “Unknown

Seat The docket number for this action is PENSC- REA- 2022- 00031. °

12....All parties have_received notice of these proceedings in accordance

‘with + the applicable provisions. of the Maine Rules of Civil Procédure and any
: order of: this Court.

“IT Is THEREFORE ORDERED. AND ADJUDGED that:

al “ Judgment of Foreclosure and Sale is hereby entered in favor of

oo ‘Wilmington. Savings Furid Society, FSB, d/b/a Christiana Trust as Trustee for

_.-.PNPMS. Trust Ill.’ If Freda 'E.Ryan does not pay to the Plaintiff, its successors
“.. - and assigns, the amount of the Plaintiff's total claim due as set forth above within -
the statutory 90-day period of: redemption established by 14'M.R.S. § 6322, then

... ‘Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust as Trustee for |

_. .PNPMS Trust II, its successors and assigns, shall sell the Premises pursuant to _

' 14 MLRS.'§ 6321 et s seq.; and shall disburse the proceeds of the sale, after
deducting the’ expenses: thereof, in the following order:

. First, ‘to - Wilmington Savings Fund Society, FSB, d/b/a |

: Christiana Trust as Trustee for PNPMS Trust Hil, its successors and assigns, as
*. set forth above; ,

‘Second, ‘the surplus proceeds, if any, to the Clerk of Court for the

tenet of Freda E. » Ryan u in ‘accordance: with 14 M.R.S. 8 6324.

. be No writ of execution’ for any deficiency. shall i issue e against Freda B.

ooo Ryan. as: she did not execute the’ Note as an obligor.

oe on ‘All remainirig “rights of the Freda ‘E. Ryan to. possession shall _

wae ‘terminate upon expiration of the statutory ninety (90) day redemption period.’ If .
Freda Ev Ryan has not. redeemed the mortgage by that date, Freda E. Ryan is
'. -ordered to.vacate the real estate at that time, anda Writ. of Possession shall i issue ~

oe ‘to the Plaintiff for possession of the real property upon application for the same

oF d. a “The Court specifically finds’ that there’ i is no just reason for aelay of

“So the’ entry: of final judgment for the relief requested in Plaintiff's complaint, and
poe fhe Clerk i is directed to enter this Order as a final judgment pursuant to Rule 4.

en Ifan appeal is is not: filed ‘and the Clerk has so certified, Wilmington

5 - Savings Fund Society, FSB,-d /b/a Christiana Trust as Trustee for PNPMS Trust _
‘| ”. JIT shall -be: responsible for recording an attested copy of this judgment in the ©
“Penobscot * County Registry.0 of. Deeds and paying the recording fee.

>

caus es 2! fey _. Pursuant, to. Rule 1910 a) this Order. may be incorporated by reference
on. n the Civil Docket.

Dated: sone

- Entered. On:

{g stice, Superior Court

Entered on the docket: 01/29/2024 me

7 _ CERTIFICATION OF CLERK PURSUANT TO 14MRS.§ 240103 (F)

; pareliaint to 14 M. R. Ss. 8 2401(3)(F), it is hereby certified that no notice of
“appeal of the Judgment of Foreclosure and Sale in this matter was filed with the

> *Clerk’of.Court in this'action within the-appeal period following entry of judgment .
. ee or that: the final judgement aes been entered after remand following an. appeal. *

= nae : oe
ee - Clerk of Court

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