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U.S. Bank N.A. v. Doucette

United States District Court, D. Maine

April 30, 2019

U.S. Bank National Association, as Trustee, in trust for registered holders of First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2 Plaintiff
v.
Donna Doucette Defendant Mortgage Electronic Registration Systems, Inc. as nominee for Nationpoint, a division of National City Bank Midland Funding LLC Cornwell Quality Tools Co., Inc. Parties-In-Interest

          Mortgage: December 8, 2006 Book 10756, Page 45

          JUDGMENT OF FORECLOSURE AND SALE

         This matter came before the Court for a testimonial hearing on Plaintiffs Motion for Default Judgment on April 30, 2019. Plaintiff, U.S. Bank National Association, as Trustee, in trust for registered holders of First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2, was present and represented by John A. Doonan, Esq. Defendant, Donna Doucette, 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 U.S. Bank National Association, as Trustee, in trust for registered holders of First Franklin Mortgage Loan Trust, Mortgage Loan Asset- Backed Certificates, Series 2007-FF2 ("U.S. Bank") die amount adjudged due and owing (1137, 136.89) within 90 days of the date of die 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 die amount due and owing:

Description

Amount

Unpaid Principal Balance

$96, 181.14

Accrued Interest:

$23, 511.04

Escrow Advance:

$6, 816.66

Advance Balance:

$9, 400.03

Late Charges:

$1, 103.76

Interest on Advance:

$ 124.26

Total

$ 137, 136.89

         2. If the Defendants or their heirs or assigns do not pay U.S. Bank the amount adjudged due and owing $137, 136.89 within 90 days of die Judgment, as that time period is calculated in accordance with 14 M.R.SA. § 6322, their remaining rights to possession of the Hudson Property shall terminate, U.S. Bank shall conduct a public sale of the Hudson Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $137, 136.89 after deducting die 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 $137, 136.89.

         5. The priority of interests is as follows:

         a.) U.S. Bank National Association, as Trustee, in trust for registered holders of Fust Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2 has first priority, in the amount of $96, 181.14, pursuant to the subject Note and Mortgage.

         b.) Mortgage Electronic Registration Systems, Inc. as nominee for Nationpoint, who has been defaulted c.) Midland Funding LLC, who has been defaulted.

         c.) Cornwell Quality Tools Co., Inc. who has been defaulted.

         d.) Donna Doucette, who has second priority and has been defaulted.

         7. The prejudgment interest rate is 8.25%, see 14 M.R.S.A. ยง 1602-B, and the post-judgment interest rate is ...


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