United States District Court, D. Maine
U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust Plaintiff
Scott Killam and Annaliisa L. Killam Defendants Maine Revenue Services Party-In-Interest
A. Doonan, Esq., Reneau J. Longoria, Esq., Attorneys for
CONSENT JUDGMENT OF FORECLOSURE AND SALE
LEVY CHIEF U.S. DISTRICT JUDGE
comes the Plaintiff, U.S. Bank Trust, N.A., as Trustee for
LSF9 Master Participation Trust, and the Defendants, Scott
Killam and Annaliisa L. Killam, and hereby submit 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 LSF9 Master Participation Trust
(“U.S. Bank”) the amount adjudged due and owing
($315, 390.26) 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 ($315, 390.26) 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 Berwick Property shall terminate,
U.S. Bank shall conduct a public sale of the Berwick Property
in accordance with 14 M.R.S.A. § 6323, disbursing the
proceeds first to itself in the amount of $315, 390.26 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 $315, 390.26.
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
$315, 390.26, pursuant to the subject Note and Mortgage.
b.) Maine Revenue Services, who has advised Plaintiff that
due to the minimal amount of its lien and position in the
chain of title, it will not be filing an Answer or Affidavit
of Lien, has the second priority behind the Plaintiff
pursuant to a Notice of State Lien dated May 8, 2015, in the
amount of $944.65, and recorded in the York County Registry
of Deeds in Book 17017, page 69.
c.) Scott Killam and Annaliisa L. Killam have the third
priority behind the Plaintiff.
prejudgment interest rate is 4.87500%, see 14
M.R.S.A. § 1602-B, and the post-judgment interest rate