United States District Court, D. Maine
U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust Plaintiff
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
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.
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:
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:
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.
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
amount due and owing is $289, 130.44.
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
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.