Filed: Feb. 09, 2017
Latest Update: Feb. 09, 2017
Summary: JUDGMENT OF FORECLOSURE AND SALE JON D. LEVY , District Judge . In accordance with the Order Adopting the Recommended Decision of the Magistrate Judge, issued on February 1, 2017 by U.S. District Judge Jon D. Levy, the Plaintiff's Motion for Default Judgment is GRANTED. JUDGMENT of Foreclosure and Sale 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
Summary: JUDGMENT OF FORECLOSURE AND SALE JON D. LEVY , District Judge . In accordance with the Order Adopting the Recommended Decision of the Magistrate Judge, issued on February 1, 2017 by U.S. District Judge Jon D. Levy, the Plaintiff's Motion for Default Judgment is GRANTED. JUDGMENT of Foreclosure and Sale 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 ..
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JUDGMENT OF FORECLOSURE AND SALE
JON D. LEVY, District Judge.
In accordance with the Order Adopting the Recommended Decision of the Magistrate Judge, issued on February 1, 2017 by U.S. District Judge Jon D. Levy, the Plaintiff's Motion for Default Judgment is GRANTED. JUDGMENT of Foreclosure and Sale 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 ($269,643.21) 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.
2. If the Defendant or her heirs or assigns do not pay U.S. Bank the amount adjudged due and owing ($269,643.21) within 90 days of the date of the Judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322, her remaining rights to possession of the Standish Property shall terminate, and U.S. Bank shall conduct a public sale of the Standish Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $269,643.21 after deducting the expenses of the sale, with any surplus to the Defendant, or her heirs or assigns, in accordance with 14 M.R.S.A. § 6324. U.S. Bank has waived the right to seek any deficiency judgment against the Defendant personally.
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 final judgment has been entered following appeal.
4. The amount due and owing is $269,643.21.
5. U.S. Bank, N.A., as Trustee for LSF9 Master Participation Trust, has first priority and that there are no parties in interest other than the Defendant, who has second priority.
6. No public utility easements survive the foreclosure.
7. The prejudgment interest rate is 3.65%, see 14 M.R.S.A. § 1602-B, and the post-judgment interest rate is 6.65%, see 14 M.R.S.A. § 1602-C.
8. The following information is included in this Judgment pursuant to 14 M.R.S.A. § 2401(3):
a. The Plaintiff is: Plaintiff's counsel is:
U.S. Bank Trust, N.A., John A. Doonan
as Trustee for the LSF9 Doonan, Graves & Longoria LLC
Master Participation Trust 100 Cummings Center
Beverly, Massachusetts 01915
The Defendant, who is not represented by counsel, is:
Karen J. Akey
10 South Ridge Drive
Standish, Maine 04084
b. The docket number of this case is No. 2:16-cv-00414-JDL.
c. The Defendant, the only party to these proceedings besides U.S. Bank, received notice of the proceedings in accordance with the applicable provisions of the Maine Rules of Civil Procedure.
d. A description of the real estate involved, 10 South Ridge Drive, Standish, Maine 04084, is set forth in Exhibit A to the Complaint herein.
e. The street address of the real estate involved is 10 South Ridge Drive, Standish ME, 04084. The book and page number of the Mortgage in the Cumberland County Registry of Deeds is Book 26280, Page 320.
SO ORDERED.
