UNITED STATES DEPARTMENT OF AGRICULTURE v. FLYNN et al

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
CIVIL ACTION NO.:
2:25-cv-00146-LEW
JUDGMENT OF FORECLOSURE AND ORDER OF SALE
(Title to Real Estate Involved)
Mortgage Recorded in York County Registry of Deeds in Book 15392, Page 864
Street Address: 16 Eastman Road, Springvale, ME 04083
This matter came before the Court upon the Motion for Default Judgment (the
“Motion”) filed by Plaintiff United States Department of Agriculture (the “Plaintiff”)
seeking judgment by default against Kevin J. Flynn and Irene R. Flynn (“Defendants”).
Upon consideration of the Motion and other filings in this case, this Court finds as follows:
1. 	Pursuant to 14 M.R.S.A § 2401(3), this Court finds that:
a. 	The names and addresses of the parties and counsel of record are as
follows:
UNITED STATES DEPARTMENT
OF AGRICULTURE,
PLAINTIFF
v.
KEVIN J. FLYNN & IRENE R. FLYNN,
DEFENDANTS
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Party
United States Department of Agriculture
P.O. Box 66827
St. Louis, MO 63166.
Kevin J. Flynn
24 State Street, Apt. 42
Biddeford, ME 04005
Irene R. Flynn
24 State Street, Apt. 42
Biddeford, ME 04005
Counsel
Stephean C. Chute, Esq., Bar No. 06828
Braucher & Associates, PLLC
764 Chestnut Street, Suite 1
Manchester, NH 03104
None
None
b. 	The docket number of this case is 2:25-cv-00146-LEW.
c. 	Service of the documents required by Fed. R. Civ. P. 4(e)(1) was made
in hand upon the Defendants, and the Defendants received notice of
this action in accordance with the Maine Rules of Civil Procedure
(“Me.R.Civ. P.”) 4(c)(2); and
d. 	The property upon which Plaintiff seeks to foreclose in this case (the
“Property”) is adequately described in ¶ 4 m. below.
2. Defendants Kevin J. Flynn and Irene R. Flynn were served on or about December
12, 2024, by certified mail with the statutory notice pursuant to 14 M.R.S.A. § 6111 which
set out the default under terms of the Promissory Note and Mortgage (ECF Nos. 1-7):
a. Defendants defaulted upon the terms of the Loan as evidenced by the
Promissory Note on April 9, 2008, by failure to make the payments when
due;
b. Notice was made to Defendants of the Right to Cure the default by January
21, 2025;
c. As of the date of the 14 M.S.R.A. § 6111 Notice of mortgagor’s right to
cure, the amount needed to cure the default was $190,304.48, which was
itemized as follows:
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Past due payments of principal, interest and
escrows: 	$ 146,691.43
Preservation and inspection fees: 	$ 41,389.57
Late Charges: 	$ 153.48
Attorney’s Fees and Costs: 	$ 2,070.00
Less Subsidy: 	$ - 0.00
TOTAL CURE AMOUNT 	$ 190,304.48
d. Upon qualified testimony and the record within this Court, Defendants
failed to make a cure of the default.
3. On July 2, 2025, the Clerk entered Defendants’ default for failure to appear, plead,
or otherwise defend this action.
4. 	By virtue of the default, the following allegations of the Amended Complaint
are established as facts:
a. 	This is an action for foreclosure and sale respecting the real property
located at or about 16 Eastman Road, Town of Sanford, County of York, and
State of Maine (the “Property”);
b. 	Defendants are individuals residing at 24 State Street, Apt. 42, City of
Biddeford, County of York, and State of Maine;
c. 	On or about April 9, 2008, Defendants executed and delivered a
promissory note (the “Note”) to the Plaintiff in the original principal amount
of $177,700.00. A true copy of the Note is attached as Exhibit 1 to the
Amended Complaint;
d. 	To secure the debt evidenced by the Note, and all extensions and
renewals of that debt, the Defendants, on or about April 9, 2008, granted a
mortgage (the “Mortgage” and with the Note, the “Loan Documents) against
the Property (the “Property”). A true copy of the Mortgage is attached as
Exhibit 2 to the Amended Complaint;
e. 	The Mortgage secures the obligations of Defendants under the terms
of the Note;
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f. 	The Property is more particularly described in the Mortgage recorded
in the York County Registry of Deeds in Book 15392, Page 864;
g. 	Under the terms of the Loan Documents, if Borrower defaulted in the
payment of the obligations evidenced by Note and secured by the Mortgage,
Plaintiff may declare the entire amount due under the Note, and any other
amounts owed to the Plaintiff under Mortgage, to be immediately due and
payable in full and then, upon that acceleration of the Note, foreclose the
mortgage by any method provided by law in the relevant jurisdiction;
h. 	Defaults now exist under the terms of the Note in that, among other
things, Defendants have failed to make the monthly payment that came due
under the Note on February 9, 2016, and all other payments that have come
due thereunder;
i. 	Plaintiff has certified that it is the owner and holder of the Note and
owner of the Mortgage, and that it is the party entitled to enforce the Note as
the owner and holder of the same;
j. 	As a result of the defaults under the terms of the Note, Defendants
have breached the condition of the Mortgage;
k. 	The Defendants have been defaulted under Fed. R. Civ. P. 55(b)(2);
l. 	By virtue of the Borrowers’ and/or Defendants’ breach of a condition
of the Mortgage, the Plaintiff has demanded a foreclosure and sale on the
property;
m. 	As set forth in the Mortgage attached as Exhibit 2 to the Amended
Complaint, the Property is bounded and described as follows:
A certain lot or parcel of land, with the buildings thereon, situated in the
Village of Springvale, Town of Sanford, County of York, and State of Maine,
and being Lot No. 3 on the Plan of Lots of Westwood Heights Southerly
Section “A” dated September 20, 1962, and drawn by York Engineering &
Surveying Associates, recorded in the York County Registry of Deeds in Plan
Book 33, Page 38, and being situated on the Easterly side of Eastman Road.
Also, another certain lot or parcel of land, situated in said Springvale, and
being a part of Lot 2 on the above-described plan, bounded and described as
follows:
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BEGINNING at an iron pipe at the Southwesterly corner of Lot 3 and
running in a Southerly direction along said Eastman Road 40 feet to
an iron hub in the ground; thence running in an Easterly direction 127
feet, more or less, to an iron hub in the ground at the Westerly side of
Chapman Brook; thence running in a Northerly direction along said
Brook 40 feet, more or less, to an iron hub at the Southeasterly corner
of Lot 3; thence running in a Westerly direction along the boundary of
Lot 3 130 feet, more or less, to an iron hub at Eastman Road and to
the point of beginning.
5. 	As of October 7, 2026, the date of the hearing, the amount due and owing to
the Plaintiff under the terms of the Note and the Mortgage totaled $339,981.83, and
consisted of the following:
Principal 	$156,674.95
Interest to October 7, 2026 	$90,534.42
Subsidy 	$14,063.76
Other Fees 	$78,708.70
TOTAL 	$339,981.83
Additional interest continues to accrue on the principal portion of this balance at the
rate of $23.0720 per day after that date.
6. 	Pursuant to 14 M.R.S.A. § 1602-B(2), pre-judgment interest is accruing on
the principal portion of this balance at the Note rate of 5.3750% per year, or $23.0720 per
day from and after December 15, 2024, through and including the date of this Judgment.
7. 	Pursuant to 14 M.R.S. § 1602-C, post-judgment interest will accrue upon
entry of the Judgment at the rate of 9.51%. Post-judgment interest on any post-sale
deficiency will be at the “money judgment” rate set forth in 28 U.S.C. § 1961.
8. 	Plaintiff has incurred costs in the amount of $6,637.78 and costs of $1,042.22
for legal services which costs are separately supported by the Affidavit of Counsel
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specifying services, billed hours and rates in connection with this action. Plaintiff is
awarded its attorney’s fees and costs in the amount of $7,680.00 as due and owing on the
Note and Mortgage.
9. 	Plaintiff’s claim for attorney’s fees is allowed pursuant to Federal Rule of
Civil Procedure 54(d)(2)(A).
10. 	The Plaintiff is entitled to add any additional amounts advanced by Plaintiff
to protect its mortgage security after the date of Judgment, and for any additional costs of
sale hereafter incurred.
11. 	The order of priority of the claims of the parties who have appeared in this
action is as follows:
FIRST: 	Plaintiff, by virtue of the Mortgage, in the above amounts and
attorney’s fees and costs.
SECOND: 	The surplus, if any, shall be paid to the clerk of this Court, who shall
hold the surplus in escrow for 6 months for the benefit of Defendants,
Defendants’ successors, heirs or assigns and, if the surplus remains
unclaimed after 6 months, the clerk shall pay the surplus to the
Treasurer of State to be credited to the General Fund until it becomes
unclaimed under the Uniform Unclaimed Property Act, and report and
pay it to the State in accordance with that Act, all as provided in 14
M.R.S.A. § 6324.
ACCORDINGLY, it is hereby ORDERED that:
A. 	Unless within ninety (90) days from the date hereof, Defendants pay the
Plaintiff the amount owing on the Note and the Mortgage, together with
accrued interest and attorney’s fees and costs, all as set forth above, the
Plaintiff shall sell the Property pursuant to 14 M.R.S.A. § 6321 et seq. and
disburse the proceeds of said sale, after deducting the expenses thereof, in
the amounts and priorities as determined above.
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B. 	The Plaintiff is granted exclusive possession of the Property upon expiration
of the statutory ninety (90) day redemption period, if it is not redeemed
within the time set forth above, as aforesaid.
C. 	A Writ of Possession shall be issued to the Plaintiff for possession of the
Property if it is not redeemed within the time set forth above, as aforesaid.
D. 	The Clerk is hereby directed to enter this Order and Judgment of Foreclosure
and Sale as a final judgment pursuant to Fed. R. Civ. P. 54(b), except as to
any 	additional 	post-judgment 	Attorney’s 	fees 	and 	disbursements 	or
additional amounts advanced by Plaintiff related to its mortgage security.
Dated this 13th day of October, 2026.
/s/ Lance E. Walker
Chief U.S. District Judge
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