NEWREZ LLC v. HARSH

OCR transcription for search; preserved printed pages are authoritative

Case 1:25-cv-00414-SDN Document 29

Filed 10/16/26 Pagelof5 PagelD #:

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UNITED STATES DISTRICT COURT
DISTRICT OF MAINE

NewRez LLC d/b/a Shellpoint Mortgage
Servicing

Plaintiff

vs.

Joseph M. Harsh

Defendant

CIVIL ACTION NO: 1:25-cv-00414-SDN

JUDGMENT OF FORECLOSURE AND
SALE

RE:
470 Embden Pond Road, Embden, ME
04958

Mortgage:
June 9, 2023
Book 6016, Page 87

JUDGMENT OF FORECLOSURE AND SALE

This matter came before the Court for a testimonial hearing on Plaintiff's Motion for

Default Judgment on July 9, 2026. Plaintiff, NewRez LLC d/b/a Shellpoint Mortgage Servicing,

was present and represented by Reneau J. Longoria, Esq. Defendant, Joseph M. Harsh, did not

appear.

All persons interested having been duly notified in accordance with the law, and after

hearing, the Plaintiff's Motion for Default Judgment is GRANTED. Count II - Breach of Note,

Count HI - Breach of Contract, Money Had and Received, and Count IV — Unjust Enrichment are

hereby DISMISSED without prejudice at the request of the Plaintiff. JUDGMENT on Count I —

Foreclosure and Sale is hereby ENTERED as follows:

1. If the Defendant or his/her heirs or assigns pay NewRez LLC d/b/a Shellpoint

Mortgage Servicing (““NewRez’’) the amount adjudged due and owing ($187,685.97)

within 90 days of the date of the Judgment, as that time period is calculated in

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

accordance with 14 M.R.S.A. § 6322, NewRez shall forthwith discharge the Mortgage
and file a dismissal of this action on the ECF Docket. The following is a breakdown of
the amount due and owing:
Description 	Amount
Principal Balance 	$151,886.70
Interest at 6.25% to 7/9/2026 	$19,193.98
Escrow Balance at Loan Transfer 	($362.40)
Pre-Accelerated Late Charges 	$91.30
Insurance 	$6,951.58
Taxes 	$3,952.79
Corporate Advances 	$8,991.70
Subtotal 	$190,705.65
Credits 	($3,019.68)
Grand Total 	$187,685.97
2. 	If the Defendant or his/her heirs or assigns do not pay NewRez the amount adjudged
due and owing ($187,685.97) within 90 days of the judgment, as that time period is
calculated in accordance with 14 M.R.S.A. § 6322, his/her remaining rights to possession
of the Embden Property shall terminate, and NewRez shall conduct a public sale of the
Embden Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first
to itself in the amount of $187,685.97 after deducting the expenses of the sale, with any
surplus to the Defendant or the heirs or assigns, in accordance with 14 M.R.S.A. § 6324.
NewRez may not seek a deficiency judgment against the Defendant pursuant to the
Plaintiff's waiver of deficiency at trial.
3. 	In the event that the Defendant, and anyone occupying the premises, do not vacate the
property upon termination of his/her right to possession, NewRez may reopen this
matter to seek a Writ of Assistance and/or Writ of Possession to be served by the U.S.
Marshals Service pursuant to Federal Rule of Civil Procedure 4.1(a) consistent with this
Judgment.
4. 	Pursuant to 14 M.R.S.A. § 2401(3)(F), the Clerk, if requested, shall sign a certification
Case 1:25-cv-00414-SDN Document 29 Filed 10/16/26 Page 2 of 5 PageID #:
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after the appeal period has expired, certifying that the applicable period has expired
without action or that the final judgment has been entered following appeal.
5. 	The amount due and owing is $187,685.97.
6. 	NewRez LLC d/b/a Shellpoint Mortgage Servicing has first priority, in the amount of
$187,685.97, pursuant to the subject Note and Mortgage and there are no parties in
interest other than the Defendant who has second priority.
7. 	The prejudgment interest rate is 6.25000%, see 14 M.R.S.A. § 1602-B, and the post-
judgment interest rate is 9.5%, pursuant to 14 M.R.S.A. § 1602-C (the one year United
States Treasury bill rate is the weekly average one-year constant maturity Treasury yield,
as published by the Board of Governors of the Federal Reserve System, for the last full
week of the calendar year immediately prior to the year in which post-judgment interest
begins to accrue December 2025, 3.5% plus 6% for a total post-judgment interest rate
of 9.5%).
8. 	The following information is included in this Judgment pursuant to 14 M.R.S.A. §
2401(3):
PARTIES 	COUNSEL
PLAINTIFF 	NewRez LLC d/b/a Shellpoint
Mortgage Servicing
55 Beattie Place
Suite 10
Mail Stop 005
Greenville, SC 29601
Reneau J. Longoria, Esq.
Doonan, Graves & Longoria, LLC
100 Cummings Center
Suite 303C
Beverly, MA 01915
DEFENDANT
Joseph M. Harsh
470 Embden Pond Road
Embden, ME 04958
Pro Se/Defaulted
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a) 	The docket number of this case is No. 1:25-cv-00414-SDN.
b) 	The Defendant, the only parties to these proceedings besides NewRez, received
notice of the proceedings in accordance with the applicable provisions of the Federal
Rules of Civil Procedure.
c) 	A description of the real estate involved, 470 Embden Pond Road, Embden, ME
04958, is set forth in Exhibit A to the Judgment herein.
d) 	The street address of the real estate involved is 470 Embden Pond Road, Embden,
ME 04958. The Mortgage was executed by the Defendant, Joseph M. Harsh on June
9, 2023. The book and page number of the Mortgage in the Somerset County
Registry of Deeds is Book 6016, Page 87.
e) 	This judgment shall not create any personal liability on the part of the Defendant but
shall act solely as an in rem judgment against the property, 470 Embden Pond Road,
Embden, ME 04958.
SO ORDERED
DATED: October 16, 2026 	/s/ Stacey D. Neumann
U.S. DISTRICT JUDGE
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Case 1:25-cv-00414-SDN Document 29 Filed 10/16/26 Page5of5 PagelD #:
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Exhibit A - Property Description
Borrower(s): Joseph M. Harsh
Property Address: 470 Embden Pond Road, Embden, ME 04958

A certain lot or parcel of land with any buildings thereon, situated in said Embden, County of
Somerset and State of Maine, bounded and described as follows, to wit:

Starting at an iron stake at the southeast corer of land now or formerly owned by Dwight Barren
on the Embden Pond Road, so-called, and running in a westerly direction two hundred ninety
(290') feet along the south line of said Dwight Barron lot to a stake in the ground; thence running
in asoutherly direction parallel with the road four hundred (400) feet to an iron stake in the
ground; thence running in an easterly direction two hundred ninety (290') feet parallel with said
Dwight Barren's south line to an iron stake in the ground; thence running in a northerly direction
four hundred (400") feet along said Embden Pond Road to the point of beginning.

Excepting from the above described premises an easement to the Madison-Anson Water District
dated April 14, 1948 and recorded in the Somerset County Registry of Deeds in Book 500, Page
99.

Also excepting a taking by the State of Maine dated July 11, 1977 and recorded in said Registry
in Book 873, Page 692 for road slopes and drainage rights.