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U.S. Bank Trust, NA v. Grover

United States District Court, D. Maine

June 21, 2017

U.S. BANK TRUST, N.A., as Trustee for LSF9 Master Participation Trust, Plaintiff,
v.
KATHERINE B. GROVER, Defendant, and MAINE REVENUE SERVICES and FINANCE AUTHORITY OF MAINE Parties-in-Interest.

          JUDGMENT OF FORECLOSURE AND SALE

          JON D. LEVY U.S. DISTRICT JUDGE.

         This matter came before the Court for a testimonial hearing on Plaintiff's Motion for Default Judgment on May 11, 2017. Plaintiff U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, was present and represented by John A. Doonan, Esq. Defendant Katherine B. Grover, Party-in-Interest Maine Revenue Services, and Party-in-Interest Finance Authority of Maine, did not appear. Nine (9) exhibits were introduced into evidence. Ms. Maria Rosario Curtis testified.

         All persons interested having been duly notified in accordance with the law, and after hearing, the Plaintiff's Motion for Default Judgment (ECF No. 17) is GRANTED. Count II - Breach of Note, Count III- Breach of Contract, Money Had and Received, Count IV - Quantum Meruit, and Count V - Unjust Enrichment, are hereby DIMISSED without prejudice at the request of the Plaintiff. Judgment on Count I - Foreclosure, is hereby ENTERED as follows:

         1. If the Defendant or her heirs or assigns pays U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust (“U.S. Bank”) the amount adjudged due and owing ($223, 756.78) within 90 days of the date of the Judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322, U.S. Bank shall forthwith discharge the Mortgage and file a dismissal of this action on the ECF Docket.

         2. If the Defendant or her heirs or assigns does not pay U.S. Bank the amount adjudged due and owing ($223, 756.78) within 90 days of the Judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322, her remaining rights to possession of the Kennebunk Property shall terminate, and U.S. Bank shall conduct a public sale of the Kennebunk Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $223, 756.78 after deducting the expenses of the sale, with any surplus to be disbursed pursuant to Paragraph 5 of this Judgment, and in accordance with 14 M.R.S.A. § 6324.

         3. Pursuant to 14 M.R.S.A. § 2401(3)(F), the Clerk shall sign a certification after the appeal period of 30 days has expired, certifying that the applicable period has expired without action or that the final judgment has been entered following appeal.

         4. The amount due in owing is $223, 756.78

         5. The priority of interests, as stipulated to by Plaintiff U.S. Bank and Parties-in-Interests Maine Revenue Services and Finance Authority of Maine, is as follows:

a) U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust has first priority pursuant to the subject Note and Mortgage.
b) Maine Revenue Services has the second priority behind the Plaintiff pursuant to a Notice of State Tax Lien dated September 18, 2007, in the amount of $5, 913.12, and recorded in the York County Registry of Deeds in Book 15259, Page 844.
c) Maine Revenue Services has the third priority behind the Plaintiff pursuant to a Notice of State Tax Lien dated December 31, 2008, in the amount of $4, 431.68, and recorded in the York County Registry of Deeds in Book 15539, Page 474.
d) Maine Revenue Services has the fourth priority behind the Plaintiff pursuant to a Notice of State Tax Lien dated April 25, 2010, in the amount of $670.39, and recorded in the York County Registry of Deeds in Book 15853, Page 553.
e) Finance Authority of Maine has the fifth priority behind the Plaintiff pursuant to a Writ of Execution in the amount of $25, 919.08, dated May 14, 2010, and recorded in the York County Registry of Deeds in Book 15902, Page 43.
f) Maine Revenue Services has the sixth priority behind the Plaintiff pursuant to a Notice of State Tax Lien dated May 28, 2013, in the amount $4, 389.06, and recorded in the York ...

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