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

United States District Court, D. Maine

May 14, 2018

U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust Plaintiff
v.
Jonathan Menezes a/k/a Jonathan Menezes, Sr. and Shonda Menezes a/k/a Shanda Menezes f/k/a Shonda Boucher Defendants Mortgage Electronic Registrations Systems, Inc. as nominee for Homecomings Financial Network, inc. FIA Card Services, N.A. Parties-In-Interest

          John A. Doonan, Esq., Reneau J. Longoria, Esq., Doonan, Graves & Longoria, LLC

          Jonathan Menezes, Sr. Shonda Menezes a/k/a Shanda Menezes f/k/a Shonda Boucher.

          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 Defendants, Jonathan Menezes a/k/a Jonathan Menezes, Sr. and Shonda Menezes a/k/a Shanda Menezes f/k/a Shonda Boucher and Party-In-Interest Mortgage Electronic Registrations Systems, Inc. as nominee for Homecomings Financial Network, inc., and Party-In-Interest FIA Card Services, N.A., 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 Defendants or their heirs or assigns pay U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust (“U.S. Bank”) the amount adjudged due and owing ($539, 726.86 as of January 6, 2017) within 90 days of the date of the Judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322.
2. If the Defendants or their heirs or assigns do not pay U.S. Bank the amount adjudged due and owing ($539, 726.86 as of January 6, 2017) within 90 days of the Judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322, their remaining rights to possession of the Westbrook Property shall terminate, U.S. Bank shall conduct a public sale of the Westbrook Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $539, 726.86, 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 $539, 726.86.
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, in the amount of $539, 726.86 as of January 6, 2017 pursuant to the subject Note and Mortgage.
b) Mortgage Electronic Registrations Systems, Inc. as nominee for Homecomings Financial Network, inc. has the second priority behind the Plaintiff pursuant to an Open-End Mortgage dated May 24, 2006, in the amount of $37, 000.00, and recorded in the Cumberland County Registry of Deeds in Book 24049, page 82.
c) FIA Card Services, N.A. has the third priority behind the Plaintiff pursuant to a Writ of Execution dated November 5, 2010, in the amount of $8, 577.89, and recorded in the Cumberland County Registry of Deeds in Book 28313, page 199.
c) Jonathan Menezes a/k/a Jonathan Menezes, Sr. and Shonda Menezes a/k/a Shanda Menezes f/k/a Shonda Boucher have the ...

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