DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
THE BANK OF NOVA SCOTIA, 
Plaintiff, 
v. 
PAUL MAYNARD, PATRICIA MAYNARD, 
Defendants. 
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Civil No. 2017-51 
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APPEARANCES: 
 
Matthew Reinhardt 
ALAW 
St. Thomas, U.S.V.I. 
 
For The Bank of Nova Scotia. 
 
 
JUDGMENT 
 
GÓMEZ, J. 
 
Before the Court is the motion of The Bank of Nova Scotia 
for default judgment against Paul Maynard and Patricia Maynard. 
I. 
FACTUAL AND PROCEDURAL HISTORY 
Having reviewed the record, the Court makes the following 
findings of fact: 
1. Paul Maynard and Patricia Maynard (collectively, the 
“Maynards”) are the record owners of properties described 
as 
Parcel No. 2Y-11 Estate Nazareth, St. Thomas, 
U.S. Virgin Islands 
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and 
Parcel No. 2Y-12A Estate Nazareth, No. 1 Red Hook 
Quarter, 
St. 
Thomas, 
U.S. 
Virgin 
Islands, 
consisting of thirty-eight square feet, more or 
less, as more particularly shown on P.W.D. No. 
D9-2980-T85 dated February 22, 1988. 
 
(the “Properties”). ECF No. 30, Exh. 4 at 1, 6. 
 
2. Paul Maynard is a competent adult and is not on active 
duty for any branch of the United States Uniformed 
Services. 
3. Patricia Maynard is a competent adult and is not on active 
duty for any branch of the United States Uniformed 
Services. 
4. On or about October 10, 2008, the Maynards borrowed 
$400,000 from The Bank of Nova Scotia (“BNS”). 
5. On October 10, 2008, the Maynards executed and delivered a 
promissory note (the “Note”) to BNS in which they promised 
to pay BNS the principal sum of $400,000, plus interest at 
a rate of 5.55% per annum in monthly payments.  
6. The Note provides that it will be become due and payable 
in its entirety without notice by reason of default in the 
payment of interest or principal. 
7. On October 10, 2008, the Maynards delivered to BNS a real 
estate mortgage (the “Mortgage”) encumbering the 
Properties. The Mortgage is attached to the Properties. 
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The Mortgage’s terms give BNS the right to foreclose on 
the Properties in the event of a default on the Note. 
8. On December 10, 2008, the Mortgage was recorded at the 
Office of the Recorder of Deeds for the District of St. 
Thomas and St. John as Document Number 2008010138. 
9. On April 20, 2016, the Maynards delivered to BNS a Loan 
Modification Agreement in which they promised to pay the 
unpaid principal balance of $367,710.44, plus interest at 
a rate of 5.5% per anum in monthly payments. 
10. On December 14, 2016, the Loan Modification Agreement was 
recorded at the Office of the Recorder of Deeds for the 
District of St. Thomas and St. John as Document Number 
2016008673 
11. On or about January 10, 2017, the Maynards failed to pay a 
monthly installment on the Note when it became due. The 
Maynards have failed to pay all subsequent monthly 
payments 
12. On March 27, 2017, BNS gave the Maynards written notice of 
the default on the Note. BNS advised the Maynards that 
failure to cure the default would result in acceleration 
and foreclosure. 
13. The Maynards have not cured their default and made the 
required payment of principal and interest as required by 
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the Note and Mortgage. As a result, BNS accelerated the 
payment on the Note. 
14. BNS initiated this action against the Maynards to enforce 
the terms and conditions of the Note and Mortgage. 
15. On August 24, 2017, BNS served Paul Maynard by personally 
delivering to him a summons and copy of the complaint. 
16. On August 24, 2017, BNS served Patricia Maynard by leaving 
a summons and a copy of the complaint with Paul Maynard, 
an adult that resided at Patricia Maynard’s home. 
17. The Maynards have not filed an answer to BNS’s complaint 
or otherwise appeared in this action. On June 7, 2018, the 
Clerk of Court entered default against the Maynards. 
18. The Maynards are in default on the Note. As of July 1, 
2018, The Maynards are in debt to BNS in the principal 
amount of $364,854.03; plus interest on the Note in the 
amount of $31,255.03; insurance and tax advances of 
$4,360.26; and a recoverable balance of $9,088.32. The 
total amount of the Maynards’ indebtedness to BNS is 
$409,557.64.  
II. 
DISCUSSION 
Federal Rule of Civil Procedure 55(b)(2) allows courts to 
enter a default judgment against a properly served defendant who 
fails to file a timely responsive pleading. Anchorage Assoc. v. 
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V.I. Bd. Of Tax Rev., 922 F.2d 168, 177 n.9 (3d Cir. 1990). A 
motion for entry of default judgment must contain evidence of 
the following: (1) that default was entered; (2) that the 
defendant has not appeared; (3) that the defendant is not an 
infant or incompetent; (4) that all pleadings were validly 
served upon the defendant; (5) the amount of judgment and how it 
was calculated; and (6) an affidavit of non-military service. 
See Bank of Nova Scotia v. Abdallah, No. CV 20012-0033, 2014 WL 
2976232, at *3 (D.V.I. July 1, 2014). In addition, the Court 
must consider three factors when determining whether to grant a 
default judgment: “(1) [the] prejudice to the plaintiff if 
default is denied, (2) whether the defendant appears to have a 
litigable defense, and (3) whether defendant’s delay is due to 
culpable conduct.” Chamberlain v. Giampapa, 210 F.3d 154, 164 
(3d Cir. 2000). 
III. ANALYSIS 
To prevail on a debt and foreclosure claim, the plaintiff 
must show that: (1) the debtor executed a promissory note and 
mortgage; (2) the debtor is in default under the terms of the 
note and mortgage; and (3) the lender is authorized to foreclose 
on the property mortgaged as security for the note. Thompson v. 
Florida Wood Treaters, Inc., 52 V.I. 986, 995 (D.V.I. 2009). The 
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facts found by the Court establish each of the elements for a 
debt and foreclosure claim.   
 
The premises considered, it is hereby 
 
ORDERED that BNS’s motion for default judgment docketed at 
ECF Number 30 is GRANTED; it is further 
 
ORDERED that BNS shall recover from the Maynards the 
principal amount of $364,854.03; plus interest on the Note in 
the amount of $31,255.03; insurance and tax advances of 
$4,360.26; and a recoverable balance of $9,088.32. Interest 
continues to accrue on the principal at rate of $54.97 per day 
from July 1, 2018, until the date of judgment; it is further  
 
ORDERED that the Mortgage is a first priority lien; it is 
further  
ORDERED that the Mortgage, and any liens on any 
of the Properties subsequent to the recording of the 
Mortgage are hereby foreclosed; it is further 
 
ORDERED that each of the Properties shall be sold by the 
United States Marshal according to law and the proceeds of each 
sale shall be applied first to the expenses associated with any 
sale, including but not limited to the costs of publication and 
the commission assessed by the United States Marshal’s Service 
pursuant to Title 28, Section 1921 of the United States Code, 
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and then toward satisfaction of this Judgment in favor of BNS, 
including any costs and attorney’s fees that may be  
awarded upon application and any sums that may be paid by BNS 
for insurance premiums, taxes, and expenditures necessary to 
maintain the Properties pending sale with interest from the date 
of any such payment. Pursuant to Title 5, Section 489(5) of the 
Virgin Islands Code, the surplus, if any, remaining after 
application of the proceeds as provided above, shall be returned 
to the debtor; it is further 
ORDERED that  
1. Pursuant to Title 5, Section 484 of the Virgin Islands 
Code, notice of the Marshal’s sale shall be posted for four 
(4) weeks prior to the sale in a public place in or near 
the Office of the Clerk of the Court; and published once a 
week for at least four (4) consecutive weeks prior to the 
sale in a newspaper regularly issued and of general 
circulation in the U.S. Virgin Islands, which uses 
newsprint. The notice shall describe each of the Properties 
as set out above and shall contain the terms and conditions 
of sale as set out herein.  
2. The terms and conditions of the sale shall be as 
follows: 
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a. The Properties shall each be sold as a whole at a     
public  sale at the Office of the U.S. Marshal, 
Federal Building, St. Thomas, U.S. Virgin Islands.  
b. BNS may bid a credit against its Judgment and   
interest thereon, plus any costs and expenses, 
without tender of cash.  
 
 
c. The terms of the sale as to all other persons or   
 
 
   parties bidding shall be cash.  
 
 d. The successful bidder on each of the Properties     
        shall be required to deposit with the United States 
Marshal cash equal to ten percent of his total bid 
at or before 5:00 p.m. on the date of the sale of 
the Properties; and the remaining ninety percent of 
the said purchase price to be paid on or before 
5:00 p.m. within thirty days inclusive, of the date 
of sale of the Properties.  
 
 
e. The United States Marshal shall make his report of   
  
 
   the sale of each of the Properties within ten days    
from the date of the sale. 
3. BNS shall have any and all writs necessary to execute 
the terms of this Judgment. 
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4. The Maynards shall be liable to BNS for any deficiency 
remaining after the sale of each of the Properties; it is 
further 
ORDERED that the trial setting in this matter is VACATED; 
it is further 
ORDERED that all pending motions are MOOT; and it is 
further 
ORDERED that the Clerk of Court shall CLOSE this case.  
 
 
 
 
 
  
 
 
S\ 
 
 
 
 
 
 
  
 
 
Curtis V. Gómez 
 
District Judge 
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