UNITED STATES DEPARTMENT OF AGRICULTURE v. WHITMORE et al

OCR transcription for search; preserved printed pages are authoritative

Case 1:25-cv-00277-JAW Document57_ Filed 10/16/26 Pagelof6 PagelD #:

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UNITED STATES DISTRICT COURT
DISTRICT OF MAINE ' |
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UNITED STATES DEPARTMENT oe
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OF AGRICULTURE, ith CCT Ib AEST
PLAINTIFF CIVILACTION NO. oo
1:25-cv-00277-JAW
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CECILE M. TRACY,
a/k/a CECILE M. WHITMORE

DEFENDANTS

COUNTY FEDERAL CREDIT UNION,
FORD MOTOR CREDIT COMPANY, and
CARY MEDICAL CENTER,

PARTIES-IN-INTERESTS

JUDGMENT OF FORECLOSURE AND ORDER OF SALE

(Title to Real Estate Involved)

Mortgage Recorded in Aroosteok County Registry of Deeds at Book 4763, Page 323
Street Address: 403 North Wade Road, Wade Maine

This matter came on 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 Defendant, Cecile M. Tracy (the “Defendant”). 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:

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION
GPO

Case 1:25-cv-00277-JAW Document 57

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Party

United States Department of Agriculture
P.O. Box 66827
St. Louis, MO 63166.

County Federal Credit Union
82 Bennett Drive,
Caribou, Maine 04736.

Ford Motor Credit Company
| American Road, Dearborn, Michigan 48126

Cary Medical Center
163 Van Buren
Road, Ste. 1, Caribou, Maine 04736

Counse!

Stephean C. Chute, Esq., Bar No. 06828
Braucher & Associates, PLLC

764 Chestnut Street, Suite !
Manchester, NH 03104

None

None

None

b, The docket number of this case is 1:25-cv-00277-JAW

c,. Service of the documents required by Fed. R. Civ. P. 4(e)(1) was made in
hand upon the Defendant, and the Defendant has 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. Defendant Cecile M. Tracy was served on or about March 17", 2025 by certified mail

with the statutory notice pursuant to 14 M.R.S.A. § 6111 of Notice Of Default And Right To

Cure which set out the default under terms of the Promissory Note and Mortgage: [ECF 1-7 ]

a. Defendant defaulted upon the terms of the Loan as evidenced by the Promissory
Note on April 26" 2021 by failure to make the payments when due;

b. Notice was made to the Defendant of the Right To Cure the default by April 26"

2025;

c. As of the date of the § 6111 Notice Of Default And Right To Cure, the amount
needed to cure the default was $44,838.75 which was itemized as follows:

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Past due payments of principal, interest and

escrows: $ 42,030.57
Preservation and inspection fees: $ 4137.60
Late Charges: $ 827.80
Attorney’s Fees and Costs: $ 2020.00
Less Subsidy: $ - 4227.22
TOTAL CURE AMOUNT $ 44,838.75

d. Upon qualified testimony and the record within this Court, Defendant failed to
make a cure of the default.

3. On August 8", 2025, the Clerk entered an Entry of Default, against the Defendant

because of his failure to appear, plead or otherwise defend this action. [13]

4,

as facts:

By virtue of the default, the following allegations of the Complaint are established

a. This is an action for foreclosure and sale respecting the real property located
at or about 403 North Wade Road, Town of Wade, County of Aroostook, and State
of Maine (the “Property”);

b. Defendant is an individual residing at 403 North Wade Road, Town of
Wade, County of Aroostook and State of Maine;

C. On or about October 26, 2009, Defendant executed and delivered a
promissory note (the “Note”) to the Plaintiff in the original principal amount of
$113,855.00; A true copy of the Note is attached as Exhibit 1 to the Complaint;

d. To secure the debt evidenced by the Note, and all extensions and renewals
of that debt, the Defendant, on or about October 26, 2009, 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 Complaint;

e. The Mortgage secures the obligations of the Defendant under the terms of
the Note;
f. The Property is more particularly described in the Mortgage recorded in the

Aroostook County Registry of Deeds in Book 4763, Page 323;

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

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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,
the Defendant failed to make the monthly payment that came due under the Note
on April 26", 2021, 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 defauits under the terms of the Note, the Defendant has
breached the condition of the Mortgage;

k, The Defendant has been defaulted under Fed. R. Civ. P. 55(b)(2);

I. By virtue of the Borrower’s and/or the Defendant’s breach of a condition of
the Mortgage, the Plaintiff has demanded a foreclosure on the Property;

m, As set forth in the Mortgage attached as Exhibit 2 to the Complaint, the
Property is bounded and described as follows:

EXHIBIT A

A certain lot or parcel of land, together with any buildings and Improvements thereon
being a part of Lot numbered Forty-five (45) in the north pact of the Town of Wade, County of
Aroostook, Stato of Maine, according to a survey aad plan by Oak and Hardison, Surveyors, in
1887, bounded and described as follows:

Bepinning et @ point marked by an iron stake which stake is located e distance of one
hundred sixty five (165) feet easterly from the Intersection of the west line and the south line of
said Lot 45; thence in a northerly direttion along the east line of a lot of land now or formerly
owned or oooupied by William Sargent a distance of cleven (L1) rods to a point thence easterly
at righ: angles a distance of twenty-nine (29) rods to a point; thence southerly at right angles a
distance of eleven (11) rods to a point in tha south boundary of said Lot numbered Forty-five
(45); thence westerly at right angles a distance of twenty-nine (29) rods to the polat of beginning.

Excepting and Reserving that portion of Lot 45 aow or formerly used by the Town of
Wade as a public highway.

5. As of October 16, 2026, the amount due and owing to the Plaintiff under the terms

of the Note and the Mortgage totaled $167,167.40, and consisted of the following:

4

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Principal $91,952.52
Interest to October 16, 2026 $25,570.27
Subsidy $22,014.74
Other Fees $27,629.87
TOTAL $167,167.40

Additional interest continues to accrue on the principal portion of this balance at the rate
of $12.5962 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 5.00% per year, or $12.5962 per day, from and
after, May 20, 2026, 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 $6,405.22 and costs of $1,274.78 for
legal services which is separately supported by the Affidavit of Counsel specifying services, billed
hours and rates provided by its counsel 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 aitorney’s
fees and costs.

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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 the Defendant, the
Defendant’s 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, the Defendant pays 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 ef seq. and disburse the proceeds of said sale, after
deducting the expenses thereof, in the amounts and priorities as determined above.

BH, 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: Liab Wb, 208 in) Wank t

Judge, United States District Court
for the District of Maine