United States District Court, D. Maine
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
...