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US Bank Trust N.A. v. Thoits

United States District Court, D. Maine

April 29, 2019

U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust Plaintiff
v.
Bethany A. Thoits and Ryan W. Thoits Defendants Arrow Financial Services, IXC CACH LLC Discover Bank Portfolio Recovery Associates, LLC Maine Revenue Services Capital One Bank USA NA Parties-In-Interest

          JUDGMENT OF FORECLOSURE AND SALE

         This matter came before the Court for a testimonial heating on Plaintiffs Motion for Default Judgment on April 29, 2019. Plaintiff, US. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, was present and represented by John A. Doonan, Esq. Defendants, Bethany A. Thoits and Ryan W. Thoits did not appear.

         All persons interested having been duly notified in accordance with the law, and after heating, the Plaintiffs 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 Defendants or their heirs or assigns pay US. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust ("US. Bank") the amount adjudged due and owing ($289, 130.44) 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:

$188.191.73

Escrow Balance:

$25.047.84

Total Interest:

$74.847.36

Late Charge:

$1, 043.51

TOTAL:

$289, 130.44

         2. If the Defendants or their heirs or assigns do not pay U.S. Bank die amount adjudged due and owing ($289, 130.44) widiin 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 die Windham Property shall terminate, US. Bank shall conduct a public sale of the Windham Property in accordance with 14 M.R.S.A. § 6323, disbursing die proceeds first to itself in die amount of $289, 130.44 after deducting the expenses of the sale, with any surplus to be disbursed pursuant to Paragraph 5 of dus judgment, and in accordance widi 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 die final judgment has been entered following appeal.

         4. The amount due and owing is $289, 130.44.

         5. The priority of interests is as follows:

a.) US. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust has first priority, in die amount of $289, 130.44, pursuant to die subject Note and Mortgage.
b.) Arrow Financial Services, LLC, who has been defaulted.
c.) CACH, LLC, who has been defaulted.
d.) Discover Bank, who has been defaulted.
e.) Portfolio Recovery Associates, LLC, who has been defaulted.
f.) Maine Revenue Services has die second priority behind die Plaintiff pursuant to a Notice of State Tax Lien dated April 17, 2014, in the amount of $1, 353.58, and recorded in the Cumberland County Registry of Deeds in Book 31461, Page 246. As ...

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