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

United States District Court, D. Maine

October 28, 2019

U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust Plaintiff
v.
Sarah Wilkinson Defendant

         RE: 7 Cragmoor Lane, Harpswell, ME 04079

          Reneau J. Longoria, Esq. John A. Doonan, Esq., Reneau J. Longoria, Esq., Bar Doonan, Graves & Longoria, LLC Sarah Wilkinson Sarah Wilkinson

          AMENDED 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, Sarah Wilkinson 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 his/her heirs or assigns pays U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust (“U.S. Bank”) the amount adjudged due and owing ($583, 770.21) 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

Principal Balance

$400, 233.76

Escrow Balance:

$40, 836.70

Per Diem Add:

$49.34

Interest:

$141, 012.81

Late Charge:

$1, 637.60

Grand Total:

$583, 770.21

         2. If the Defendant or his/her heirs or assigns does not pay U.S. Bank the amount adjudged due and owing ($583, 770.21) within 90 days of the Judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322, his/her remaining rights to possession of the Harpswell Property shall terminate, U.S. Bank shall conduct a public sale of the Harpswell Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $583, 770.21 after deducting the expenses of the sale, with any surplus to the Defendant, or their heirs or assigns, in accordance with 14 M.R.S.A. § 6324. U.S. Bank may not seek a deficiency judgment against the Defendant pursuant to the Plaintiff 's waiver of deficiency.

         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 $583, 770.21.

         5. U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust has first priority, in the amount of $583, 770.21, pursuant to the subject Note and Mortgage and there are no parties in interest other than the Defendant, who have second priority.

         6. The prejudgment interest rate is 4.50000%, 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.

         7. The following information is included in this Judgment pursuant to 14 M.R.S.A. § 2401(3):

PLAINTIFF

PARTIES

U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust

COUNSEL

John A. Doonan, Esq.

Reneau J. Longoria, Esq.

Doonan, Graves & Longoria, LLC

100 Cummings Center

Suite 225D

Beverly, MA 01915

DEFENDANT

Sarah Wilkinson

42 Random Road

Rye, NH 03870

Pro Se


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