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U.S. Bank Trust N.A. v. Grandmaison

United States District Court, D. Maine

October 19, 2017

U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust Plaintiff
v.
Derek L. Grandmaison Defendant MSNI Fund VI Party-In-Interest

          John A. Doonan, Esq., Attorney for Plaintiff Doonan, Graves & Longoria, LLC

          Derek L. Grandmaison Defendant

          CONSENT JUDGMENT OF FORECLOSURE AND SALE

          George Z. Singal U.S. District Judge

         Now Comes the Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, and the Defendant, Derek L. Grandmaison, and hereby submits this Consent Judgment of Foreclosure and Sale.

         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 DISMISSED without prejudice at the request of the Plaintiff. JUDGMENT on Count I - Foreclosure, is hereby ENTERED as follows:

         1. If the Defendant or his 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 ($280, 795.53) 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 his heirs or assigns does not pay U.S. Bank the amount adjudged due and owing ($280, 795.53) within 90 days of the Judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322, his remaining rights to possession of the South Berwick Property shall terminate, and U.S. Bank shall conduct a public sale of the South Berwick Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $280, 795.53 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 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 and owing is $280, 795.53.

         5. The priority of interests 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) MSNI Fund VI has the second priority behind the Plaintiff pursuant to a Mortgage in the amount of $33, 000.00, dated March 3, 2006, and recorded in the York County Registry of Deeds in Book 14778, Page 771, as assigned by virtue of the Assignment of Mortgage dated November 8, 2013, and recorded in said Registry in Book 16766, Page 373.
c) Derek L. Grandmaison have the third priority behind the ...

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