United States District Court, D. Maine
U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST, Plaintiff
THOMAS A. TRUE, Defendant
JUDGMENT OF FORECLOSURE AND SALE ADDRESS: 259 VALLEY
ROAD, NORTH BERWICK, ME 03906 MORTGAGE: MARCH 24, 2009; BOOK:
15605, PAGE 157
E. Walker, Judge
matter came before the Court for a testimonial hearing on
Plaintiffs Motion for Default Judgment on July 18, 2019.
Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF9 Master
Participation Trust, was present and represented by Reneau J.
Longoria, Esq. Defendant Thomas A. True did not appear.
persons interested having been duly notified in accordance
with the law, and after hearing, 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 Defendant or his/her heirs or assigns pays U.S. Bank
Trust, N. A., as Trustee for LSF9 Master Participation Trust
("U.S. Bank") the amount adjudged due and owing
($347, 799.11) within 120 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
Unpaid Principal Balance
$3 0, 419.19
the Defendant or his heirs or assigns does not pay U.S. Bank
the amount adjudged due and owing ($347, 799.11) within 120
days of the Judgment, as that time period is calculated in
accordance with 14 M.R.S.A. § 6322, his remaining rights
to possession of the North Berwick Property shall terminate,
U.S. Bank shall conduct a public sale of the North Berwick
Property in accordance with 14 M.R.S.A. § 6323,
disbursing the proceeds first to itself in the amount of
$347, 799.11 after deducting the expenses of the sale, with
any surplus to the Defendant, or his heirs or assigns, in
accordance with 14 M.R.S.A. § 6324. U.S. Bank may not
seek a deficiency judgment against the Defendant pursuant to
the Plaintiffs waiver of deficiency at trial.
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 $347, 799.11.
Bank Trust, N.A., as Trustee for LSF9 Master Participation
Trust has first priority, in the amount of $347, 799.11,
pursuant to the subject Note and Mortgage and there are no
parties in interest other than the Defendant, who has second
prejudgment interest rate is 5.62500%, 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.
following information is included in this Judgment pursuant
to 14 M.R.S.A. § 2401(3):
U.S. Bank Trust, N.A., as Trustee for LSF9 Master
John A. Doonan, Esq. Reneau J. Longoria, Esq. Doonan,
Graves & Longoria, LLC 100 Cummings Center Suite
225D Beverly, MA 01915
Thomas A. True 259 Valley Road North Berwick, ME
a) The docket number of this case is No. 2:19-cv-00105-LEW.
b) The Defendant, the only party to these proceedings besides
U.S. Bank, received notice of the proceedings in accordance
with the applicable provisions of the ...