United States District Court, D. Maine
U.S. Bank Trust, N.A., as Trustee for LSF10 Master Participation Trust Plaintiff
Tammy E. Grindle and Blaine Grindle Defendants Penobscot Bay Medical Center Parties-In-Interest
A. Doonan, Esq., Bar No. 3250 Reneau J. Longoria, Esq., Bar
No. 5746 Doonan, Graves & Longoria, LLC
E. Grindle, Blaine Grindle, Penobscot Bay Medical Center
AMENDED CONSENT JUDGMENT OF FORECLOSURE AND
BROCK HORNBY U.S. DISTRICT JUDGE
comes the Plaintiff, U.S. Bank Trust, N.A., as Trustee for
LSF10 Master Participation Trust, and the Defendants, Tammy
E. Grindle and Blaine Grindle, and Party-In-Interest,
Penobscot Bay Medical Center, and hereby submits this Consent
Judgment of Foreclosure and Sale.
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 U.S. Bank Trust,
N.A., as Trustee for LSF10 Master Participation Trust
(“U.S. Bank”) the amount adjudged due and owing
($258, 648.75) 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:
Unpaid Principal Balance
the Defendants or their heirs or assigns do not pay U.S. Bank
the amount adjudged due and owing ($258, 648.75) 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 Appleton Property shall
terminate, U.S. Bank shall conduct a public sale of the
Appleton Property in accordance with 14 M.R.S.A. § 6323,
disbursing the proceeds first to itself in the amount of
$258, 648.75 after deducting the 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.
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
amount due and owing is $258, 648.75.
priority of interests is as follows:
a) U.S. Bank Trust, N.A., as Trustee for LSF10 Master
Participation Trust has first priority, in the amount of
$258, 648.75, pursuant to the subject Note and Mortgage.
b) Penobscot Bay Medical Center has the second priority
behind the Plaintiff pursuant to a Writ of Execution dated
November 7, 2013, in the amount of $1, 800.07, and recorded
in the Knox ...