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U.S. Bank Trust, N.A. v. Moore

United States District Court, D. Maine

September 18, 2019

U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust Plaintiff
v.
Bryan G. Moore and Elaine G. Moore Defendants

          John A. Doonan, Esq., Reneau J. Longoria, Esq., 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 Defendants, Bryan G. Moore and Elaine G. Moore, 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 ($415, 761.51) 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

$235, 813.50

Escrow Balance

57, 854.02

Total Interest

117, 793.49

Late Charges

4, 994.91

Less Unapplied Funds

-694.41

Grand Total

$415, 761.51

         2. If the Defendants or their heirs or assigns do not pay U.S. Bank the amount adjudged due and owing ($415, 761.51) 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 North Yarmouth Property shall terminate, U.S. Bank shall conduct a public sale of the North Yarmouth Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $415, 761.51 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 $415, 761.51.

         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 $415, 761.51, pursuant to the subject Note and Mortgage.
b.) Bryan G. Moore and Elaine G. Moore have the second priority behind the Plaintiff.

         7. The prejudgment interest rate is 5.50000%, 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.

         8. The following information is included in this Judgment pursuant ...


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