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

United States District Court, D. Maine

October 17, 2019

U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust Plaintiff
v.
Caroline P. Morgan Defendant SW Linear Investment Group, LLC Capital One Bank USA N.A. Mortgage Electronic Registration Systems Inc. as nominee for GMAC Mortgage Corporation Asset Management Holdings, LLC Parties-In-Interest Description Amount

          JUDGMENT OF FORECLOSURE AND SALE

          Lance E. Walker U.S. District Judge

         Address: 633 Corea Road, Corea, ME 04624 Mortgage: May 6, 2004, Book: 3914, Page:271

         This matter came before the Court for a testimonial hearing on Plaintiff's Motion for Default Judgment on October 17, 2019. Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, was present and represented by John A. Doonan, Esq. Defendant, Caroline P. Morgan, did not appear; Parties-In-Interest, Mortgage Electronic Registration Systems Inc. as nominee for GMAC Mortgage Corporation, Asset Management Holdings, LLC, SW Linear Investment Group, LLC and Capital One Bank (USA) N.A. did not appear.

         All persons interested having been duly notified in accordance with the law, and after hearing, the Plaintiff's Motion for Default Judgment is GRANTED. 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 her 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 ($112, 339.64) within 90 days of the date of the Judgment, as that time period is calculated in accordance with 14 M.R.S.S. § 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
$67, 587.72
Interest
$19, 228.11
Escrow Balance
$10, 160.74
FCL Certifed Mailing
$47.20
Costs
FCL Court Costs
$479.00
FCL Title Fees
$402.00
PP- Debris Remove I/E
$400.00
HUD Allow
PP- Health Hazard
$375.00
Removal I/E
PP- Health Hazard
$5, 203.25
Removal/ Mold
PP- Inspection Exterior
$180.00
PP- Interior Inspection
$621.67
PP- Lawn Care - 1/2 Acre
$145.00
Initial
PP- Lock Change
$180.00
PP- Lock Change Padlock
$160.00
PP- MISC Exterminate
$100.00
PP- MISC Snow Removal
$500.00
PP- MISC Cap Exposed
$100.00
Wire
PP- MISC Removed
$25.00
Animal
PP- Pump Basement
$250.00
PP- Repair - Emergency
$1, 909.00
Repairs
PP- Roof Work - Tarped
$2, 800.00
Roof
PP- Securing OTHER
$325.00
PP- Utilities Electric
$235.48
PP-
$250.00
Winterize/Dewinterize
PP- Winterize OTHER
$100.00
PP- Utilities
$7.54
VAL Brokers Price
$166.50
Opinion
Late Charge
$403.32
Less Unapplied Funds
$-1.89
Grand Total
$112, 339.64

         2. If the Defendant or her heirs or assigns do not pay U.S. Bank the amount adjudged due and owing ($112, 339.64) within 90 days of the judgment, as that time period is calculated in accordance with 14 M.R.S. § 6322, her remaining rights to possession of the Corea Property shall terminate, U.S. Bank shall conduct a public sale of the Corea Property in accordance with 14 M.R.S. § 6323, disbursing the proceeds first to itself in the amount of $112, 339.64 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. § 6324. U.S. Bank may not seek a deficiency judgment against the Defendant pursuant to the Plaintiff's waiver of deficiency at trial.

         3. Pursuant to 14 M.R.S. § 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 $112, 339.64, as of October 17, 2019.

         5. The priority of interests is as follows:

• U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust has first priority, in the amount of $112, 339.64, pursuant to the subject Note and Mortgage.
• Mortgage Electronic Registration Systems Inc. as nominee for GMAC Mortgage Corporation, who has been defaulted.
• Asset Management Holdings, LLC, who has been defaulted.
• SW Linear Investment Group, LLC, who has been ...

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