We can have $Tyes$ for $L(M)$ and $Tno$ for $ϕ$. Hence, $L_1$ is no recursive for sure.
$L(M)$ is recursive so obviously $\exists$ TM for it, so this TM says $T_{yes}$ for L(M) and also there exists a TM which says no for $\Sigma^*$
Any non-monotonic property of the LANGUAGE recognizable by a Turing machine (recursively enumerable language) is unrecognizable
For a property of recursively enumerable set to be non-monotonic, there should exist at least two recursively enumerable languages (hence two Turing machines), the property holding for one ($Tyes$ being its TM) and not holding for the other ($Tno$ being its TM) and the property holding set (language of $Tyes$) must be a proper subset of the set not having the property (language of $Tno$).
we are pretty sure that $L(M)$ is a proper subset because it is given in the definition of the $L_1$ there exists x ϵ Σ* such that for every y ϵ L(M), xy ∉ L(M).
So there exist a TM which is holding properties of L(M), which can say $Tyes$ for L(M), and another TM which says $Tno$ for $\Sigma^*$.
$L(M) \subset \Sigma^*$
Property holding set is non monotonic because it is proper subset of of the set $ \Sigma^*$
Hence $L_1$ is non RE