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

United States District Court, D. Maine

January 15, 2020

U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST Plaintiff
v.
MARGARET E. ANDERSON, MARION J. ANDERSON AND SAMUEL G. ANDERSON, AS HEIRS OF THE ESTATE OF GEORGE H. ANDERSON Defendants

          JUDGMENT OF FORECLOSURE AND SALE

          LANCE E. WALKER UNITED STATES DISTRICT JUDGE.

         This matter came before the Court for a testimonial hearing on Plaintiff's Motion for Default Judgment on January 15, 2020. Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, was present and represented by John A. Doonan, Esq. Defendants, Margaret E. Anderson, Marion J. Anderson, and Samuel G. Anderson, 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 of Foreclosure and Sale 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 and Sale 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 ($95, 880.33) 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 as of January 10, 2019:

Description

Amount

Unpaid Principal Balance

$53, 162.50

Interest

$20, 898.61

Escrow Advances

$20, 606.58

Late Charges

$1, 212.64

Grand Total

$95, 880.33

         2. If the Defendants or their heirs or assigns do not pay U.S. Bank the amount adjudged due and owing ($95, 880.33) 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 Clinton Property shall terminate, U.S. Bank shall conduct a public sale of the Clinton Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $95, 880.33 after deducting the expenses of the sale, with any surplus to the Defendants or the heirs or assigns, in accordance with 14 M.R.S.A. § 6324. U.S. Bank may not seek a deficiency judgment against the Defendants pursuant to the Plaintiff's waiver of deficiency at trial.

         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 $95, 880.33.

         5. U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust has first priority, in the amount of $95, 880.33, pursuant to the subject Note and Mortgage and there are no parties in interest other than the Defendants who have second priority.

         6. The prejudgment interest rate is 5.87500%, 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):

PARTIES

COUNSEL

PLAINTIFF

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

John A. Doonan, Esq. Reneau J. Longoria, Esq. Doonan, Graves & Longoria, LLC 100 Cummings Center Suite 225D Beverly, MA 01915

DEFENDANT

Margaret E. Anderson 1310 Michael Road Jenkintown, PA 19046

Defaulted

Marion J. Anderson 1101 Boston Post Road, Apt. 3B Rye, NY 10580

Defaulted

Samuel G. Anderson P.O. Box 1594 Plattsburgh, NY 12901

Defaulted

         a) The docket number of this case is No. 1:19-cv-00057-L E W.

         b) The Defendants, the only parties to these proceedings besides U.S. Bank, received notice of the proceedings in accordance with the applicable ...


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