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

United States District Court, D. Maine

August 6, 2019

U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust Plaintiff
v.
Scott Killam and Annaliisa L. Killam Defendants Maine Revenue Services Party-In-Interest

          John A. Doonan, Esq., Reneau J. Longoria, Esq., Attorneys for Plaintiff

          CONSENT JUDGMENT OF FORECLOSURE AND SALE

          JON D. LEVY CHIEF U.S. DISTRICT JUDGE

         Now 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.

         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 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:

Description

Amount

Unpaid Principal Balance:

$219, 247.29

Escrow Balance:

$32, 408.94

Total Interest:

$63, 138.94

Late Charge:

$595.09

Grand Total

$315, 390.26

         2. If 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.

         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 $315, 390.26.

         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 $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.

         7. The prejudgment interest rate is 4.87500%, see 14 M.R.S.A. ยง 1602-B, and the post-judgment interest rate ...


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