United States District Court, D. Maine
U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust Plaintiff
Derek L. Grandmaison Defendant MSNI Fund VI Party-In-Interest
A. Doonan, Esq., Attorney for Plaintiff Doonan, Graves &
L. Grandmaison Defendant
CONSENT JUDGMENT OF FORECLOSURE AND SALE
Z. Singal U.S. District Judge
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.
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:
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.
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.
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
amount due and owing is $280, 795.53.
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