United States District Court, D. Maine
U.S. Bank Trust, N.A., as Trustee for LSF10 Master Participation Trust Plaintiff
v.
John S. Baldwin Defendant
CONSENT JUDGMENT OF FORECLOSURE AND SALE
LANCE
E. WALKER U.S. DISTRICT JUDGE
This
matter came before the Court for a testimonial hearing on
Plaintiff's Motion for Default Judgment on January 29,
2019. Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF10
Master Participation Trust, was present and represented by
John A. Doonan, Esq. Defendant John S. Baldwin appeared.
All
persons interested having been duly notified in accordance
with the law, and after hearing, the Plaintiff's Motion
for Default Judgment 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 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/her heirs or
assigns pays U.S. Bank Trust, N.A., as Trustee for LSF10
Master Participation Trust (“U.S. Bank”) the
amount adjudged due and owing Three Hundred Fifty-Three
Thousand One Hundred Twelve and 55/100 ($353, 112.55)
Dollars.
-
-
Description
|
Amount
|
Principal Balance:
|
$281, 762.03
|
Escrow Balance:
|
$3, 725.95
|
Total Interest:
|
$9, 446.55
|
Defer Principle:
|
$58, 178.02
|
Total Due:
|
$353, 112.55
|
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/her heirs or assigns does not pay
U.S. Bank the amount adjudged due and owing ($353, 112.55)
within 90 days of the Judgment, as that time period is
calculated in accordance with 14 M.R.S.A. § 6322,
his/her remaining rights to possession of the North Yarmouth
Property shall terminate, U.S. Bank shall conduct a public
sale of the North Yarmouth Property in accordance with 14
M.R.S.A. § 6323, disbursing the proceeds first to itself
in the amount of $353, 112.55 after deducting the expenses of
the sale, with any surplus to the Defendants, or their heirs
or assigns, in accordance with 14 M.R.S.A. § 6324. U.S.
Bank may not seek a deficiency judgment against the
Defendants pursuant to the Defendants' discharge in
bankruptcy.
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 $353, 112.55.
5. U.S. Bank Trust, N.A., as Trustee for LSF10 Master
Participation Trust has first priority, in the amount of
$353, 112.55, pursuant to the subject Note and Mortgage and
there are no parties in interest other than the Defendants,
who have second priority.
6. No public utility easements survive the foreclosure.
7. The prejudgment interest rate is 3.37500%, see 14
M.R.S.A. § 1602-B, and the post-judgment interest rate
is 8.59%, see 14 M.R.S.A. § 1602-C.
8. The following information is included in this Judgment
pursuant to 14 M.R.S.A. § 2401(3):
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PARTIES
|
COUNSEL
|
PLAINTIFF
|
U.S. Bank Trust, N.A., as Trustee for LSF10 Master
Participation Trust
|
John A. Doonan, Esq. Reneau J. Longoria, Esq.
Doonan, Graves & Longoria, LLC 100 Cummings
Center Suite 225D Beverly, MA 01915
|
DEFENDANT
|
John S. Baldwin 64 Haskell Road North Yarmouth, ME
04097
|
Pro Se
|