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U.S. Bank National Association v. McAvoy

United States District Court, D. Maine

April 5, 2019

U.S. Bank National Association, as trustee, on behalf of the holders of the Asset Backed Securities Corporation Home Equity Loan Trust, Series AMQ 2006-HE7 Asset Backed Pass-Through Certificates, Series AMQ 2006-HE7 Plaintiff
v.
John Richard McAvoy, as Personal Representative of the Estate of Francis P. McAvoy Defendant

          John A. Doonan, Esq., Bar No. 3250 Reneau J. Longoria, Esq., Bar No. 5746 Doonan, Graves & Longoria, LLC, Thomas A. Cox, Esq. Attorney for John Richard McAvoy

          AMENDED CONSENT JUDGMENT OF FORECLOSURE AND SALE

          JOHN A. WOODCOCK, JR., U.S. DISTRICT JUDGE

         Now comes the Plaintiff, U.S. Bank National Association, as trustee, on behalf of the holders of the Asset Backed Securities Corporation Home Equity Loan Trust, Series AMQ 2006-HE7 Asset Backed Pass-Through Certificates, Series AMQ 2006-HE7, and the Defendant, John Richard McAvoy, Personal Representative of the Estate of Francis P. McAvoy, by and through his undersigned counsel, and hereby submits this Amended 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 pay U.S. Bank National Association, as trustee, on behalf of the holders of the Asset Backed Securities Corporation Home Equity Loan Trust, Series AMQ 2006-HE7 Asset Backed Pass-Through Certificates, Series AMQ 2006-HE7 (“U.S. Bank”) the amount adjudged due and owing ($151, 526.28) 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 following is a breakdown of the amount due and owing:

Description

Amount

Principal Balance:

$118, 802.67

Accrued Interest:

$19, 848.13

Escrow Advance:

$5, 125.00

Advance Balance:

$7, 589.98

Late Charges:

$94.08

Interest on Advance:

$66.42

Total Due:

$151, 526.28

2. If the Defendant or his heirs or assigns do not pay U.S. Bank the amount adjudged due and owing ($151, 526.28) 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 Bangor Property shall terminate, U.S. Bank shall conduct a public sale of the Bangor Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $151, 526.28 after deducting the expenses of the sale, with any surplus to the Defendant, or their heirs or assigns, in accordance with 14 M.R.S.A. § 6324.
3. U.S. Bank may not seek a deficiency judgment against the Defendant.
4. 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.
5. The amount due and owing is $151, 526.28.
6. U.S. Bank National Association, as trustee, on behalf of the holders of the Asset Backed Securities Corporation Home Equity Loan Trust, Series AMQ 2006-HE7 Asset Backed Pass-Through Certificates, Series AMQ 2006-HE7 has first priority, in the amount of $151, 526.28, pursuant to the subject Note and Mortgage and there are no parties in interest other than the Defendant, who has second priority.
8. The prejudgment interest rate is 7.12500%, 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.
  1. The following information is included in this Judgment pursuant to 14 M.R.S.A. § 2401(3):

PARTIES

COUNSEL

PLAINTIFF

U.S. Bank National Association, as trustee, on behalf of the holders of the Asset Backed Securities Corporation Home Equity Loan Trust, Series AMQ 2006-HE7 Asset Backed Pass- Through Certificates, Series AMQ 2006-HE7

John A. Doonan, Esq. Reneau J. Longoria, Esq. Doonan, Graves & Longoria, LLC 100 Cummings Center Suite 225D Beverly, MA 01915

DEFENDANT

John Richard McAvoy, Personal Representative of the Estate of Francis P. McAvoy

Thomas A. Cox, Esq. P.O. Box 1314 Portland, ME 04104


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