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U.S. Bank Trust N.A. v. Landsman

United States District Court, D. Maine

July 18, 2019

U.S. Bank Trust N.A., as Trustee for LSF9 Master Participation Trust Plaintiff
v.
Dawn Landsman a/k/a Dawn L. Beauchamp Defendant CACH, LLC Party-In-Interest

          John A. Doonan, Esq., Bar No. 3250 Reneau J. Longoria, Esq., Bar No. 5746 Attorneys for Plaintiff Doonan, Graves & Longoria, LLC

          CONSENT JUDGMENT OF FORECLOSURE AND SALE

          LANCE E. WALKER U.S. DISTRICT JUDGE

         Now comes the Plaintiff, U.S. Bank Trust N.A., as Trustee for LSF9 Master Participation Trust, and the Defendant, Dawn Landsman a/k/a Dawn L. Beauchamp and Party-In-Interest CACH, LLC, and hereby submits this Consent Judgment of Foreclosure and Sale.

         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 Defendant or their heirs or assigns pay U.S. Bank Trust N.A., as Trustee for LSF9 Master Participation Trust (“U.S. Bank”) the amount adjudged due and owing ($170, 438.32) 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

Unpaid Principal Balance

$114, 800.22

Escrow Balance

$16, 096.57

Interest

$39, 541.53

Grand Total

$170, 438.32

         2. If the Defendant or their heirs or assigns do not pay U.S. Bank the amount adjudged due and owing ($170, 438.32) 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 Bridgton Property shall terminate, U.S. Bank shall conduct a public sale of the Bridgton Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $170, 438.32 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.

         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 $170, 438.32.

         5. The priority of interests is as follows:

a.) U.S. Bank Trust N.A., as Trustee for LSF9 Master Participation Trust has first priority, in the amount of $170, 438.32, pursuant to the subject Note and Mortgage.
b.) CACH, LLC has the second priority behind the Plaintiff pursuant to a Writ of Execution dated July 22, 2010, in the amount of $4, 751.65, and recorded in the Cumberland County Registry of Deeds in Book 28176, page 96.
c.) Dawn Landsman a/k/a Dawn L. Beauchamp has the third priority behind the Plaintiff.

         6. The prejudgment interest rate is 6.00000%, see 14 M.R.S.A. ยง 1602-B, and the post-judgment interest rate ...


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