US Bank v. Maloney

7ermont Superior Court
Filed 05/09/24
Orleans Unit

VERMONT SUPERIOR COURT CIVIL DIVISION
Orleans Unit Case No. 37-2-20 Oscv
247 Main Street
Newport VT 05855
802-334-3305
www.vermontjudiciary.org

U.S. Bank Trust National Association, not in its individual capacity but solely as
owner for trustee for RCF 2 Aquisition Trust v. Betty Maloney

ENTRY REGARDING MOTION
Title: Motion for Default Judgment; Motion for Attorney's Fees; Motion to Shorten
Redemption Period; Motion for Foreclosure ; >? (Motion: 15; 16; 17; 18)
Filer: Sheldon M. Katz; Sheldon M. Katz; Nationstar Mortgage LLC d/b/a; Sheldon M.
Katz; Sheldon M. Katz
Filed Date: April 04, 2024; April 04, 2024; April 04, 2024; April 04, 2024

The motions are GRANTED.

The present foreclosure action was filed in February 2020. Defendant Betty Maloney was

timely served on February 26, 2020. To date, Defendant has not entered an answer, notice of
appearance, or any filing that seeks to assert her available defenses or interests in the present
action.
Plaintiff U.S. Bank Trust, N.A. as Trustee for RCF 2Aquisition Trust presently seeks a
default judgment under V.R.C.P. 55 and 80.1 based on the lack of any responsive filing from
Defendant. In reviewing the complaint, motion, supporting affidavits, and exhibits, the Court
finds that Plaintiff has established its prima facie burden as follows. Plaintiff has established that
it is the holder and owner of the note and mortgage concerning the property at 1016 4H Road,

Derby, Vermont. Plaintiff has established that Defendant is in default of the note and mortgage,
and that by the terms of the documents, Plaintiff is entitled to recover judgment against

Defendant by foreclosing on Defendant's interests in the Property. Plaintiff has also established,
as required under V.R.C.P. 80.1 that Defendant is not a minor and not currently serving in the

armed forces that might exempt her from judgment.

The Court finds that the amounts sought by Plaintiff in its affidavit of amounts owning
are reasonable given the four year that this matter has been pending and supported by the

Entry Regarding Motion Page 1 of 2
37-2-20 Oscv U.S. Bank Trust National Association, not in its individual capacity but solely as owner for trustee for RCF
2 Aquisition Trust v. Betty Maloney
testimony of the affiant, Debbie Benzley, and they are allowed. The Court finds that Plaintitff is
only entitled to its fixed flat fee of $3,545 as the itemized hearing and motion charges are beyond
the reasonable lodestar of attorney’s fees for a foreclosure. L’Esperance v. Benware, 2003 VT
43, ¶¶ 22, 28. The Court will allow the costs of $683.48 as stated in Attorney Sheldon Katz’s
affidavit..
The Court will allow Foreclosure by sale under 12 V.S.A. § 4945(a) based on Plaintiff’s
representation that there is sufficient equity in in the property to warrant a judicial sale.
Finally, the Court finds sufficient evidence to support Plaintiff’s contention that the
Property is unoccupied and not the primary residence of Defendant or anyone else, and therefore,
Plaintiff is entitled to a shortened period of redemption.

ORDER
Based on the foregoing, Plaintiff’s Motion for Default Judgment is Granted. Plaintiff’s
Motion for a Clerk’s Accounting is also Granted. The Court Clerk shall prepare a Clerk’s
Accounting based on the amounts stated in Plaintiff’s Affidavit of Amounts Owing and Affidavit
ofAttorney’s Fees, except as not allowed under this Decision. The Court Grants Plaintiff’s
motion for foreclosure by sale under 12 V.S.A. § 4945(a). The Court also Grants Plaintiff’s
Motion to Shorten the Redemption Period as allowed under 12 V.S.A. § 4946. The period of
redemption shall be reduced to 30 days. Following the entry of the Clerk’s Accounting, Plaintiff
shall prepare a Judgment Order and Decree of Foreclosure and Judicial Sale for the Court to
review and adopt.
Electronically signed on 5/9/2024 11:11 AM pursuant to V.R.E.F. 9(d)

__________________________________
Daniel Richardson
Superior Court Judge

Entry Regarding Motion Page 2 of 2
37-2-20 Oscv U.S. Bank Trust National Association, not in its individual capacity but solely as owner for trustee for RCF
2 Aquisition Trust v. Betty Maloney