Filed: Aug. 06, 2019
Latest Update: Aug. 06, 2019
Summary: CONSENT JUDGMENT OF FORECLOSURE AND SALE RE: 26 Terrace Drive, Berwick, ME 03901 JON D. LEVY , Chief District Judge . Now comes the Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, and the Defendants, Scott Killam and Annaliisa L. Killam, 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 D
Summary: CONSENT JUDGMENT OF FORECLOSURE AND SALE RE: 26 Terrace Drive, Berwick, ME 03901 JON D. LEVY , Chief District Judge . Now comes the Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, and the Defendants, Scott Killam and Annaliisa L. Killam, 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 DI..
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CONSENT JUDGMENT OF FORECLOSURE AND SALE
RE: 26 Terrace Drive, Berwick, ME 03901
JON D. LEVY, Chief District Judge.
Now comes the Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, and the Defendants, Scott Killam and Annaliisa L. Killam, 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 ($315,390.26) 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: $219,247.29
Escrow Balance: $32,408.94
Total Interest: $63,138.94
Late Charge: $595.09
Grand Total $315,390.26
2. If the Defendants or their heirs or assigns do not pay U.S. Bank the amount adjudged due and owing ($315,390.26) 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 Berwick Property shall terminate, U.S. Bank shall conduct a public sale of the Berwick Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $315,390.26 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 $315,390.26.
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 $315,390.26, pursuant to the subject Note and Mortgage.
b.) Maine Revenue Services, who has advised Plaintiff that due to the minimal amount of its lien and position in the chain of title, it will not be filing an Answer or Affidavit of Lien, has the second priority behind the Plaintiff pursuant to a Notice of State Lien dated May 8, 2015, in the amount of $944.65, and recorded in the York County Registry of Deeds in Book 17017, page 69.
c.) Scott Killam and Annaliisa L. Killam have the third priority behind the Plaintiff.
7. The prejudgment interest rate is 4.87500%, 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.
8. 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 John A. Doonan, Esq.
Trustee for LSF9 Master Reneau J. Longoria, Esq.
Participation Trust Doonan, Graves & Longoria, LLC
100 Cummings Center
Suite 225D
Beverly, MA 01915
DEFENDANT Scott Killam Pro Se
26 Terrace Drive
Berwick, ME 03901
Annaliisa L. Killam Thomas A. Cox, Esq.
36 Mark Avenue P.O. Box 1314
Wells, ME 04090 Portland, ME 04104
PARTY-IN-INTEREST Maine Revenue Services Kevin J. Crosman, Esq.
Asst. Attorney General
6 State House Station
Augusta, ME 04333
a) The docket number of this case is No. 2:19-cv-00232-JDL.
b) All parties to these proceedings received notice of the proceedings in accordance with the applicable provisions of the Federal Rules of Civil Procedure.
c) A description of the real estate involved, 26 Terrace Drive, Berwick, ME 03901, is set forth in Exhibit A to the Judgment herein.
d) The street address of the real estate involved is 26 Terrace Drive, Berwick, ME 03901. The Mortgage was executed by the Defendants on August 26, 2010. The book and page number of the Mortgage in the York County Registry of Deeds is Book 15934, Page 154.
e) This judgment shall not create any personal liability on the part of the Defendants but shall act solely as an in rem judgment against the property, 26 Terrace Drive, Berwick, ME 03901. When Plaintiff files a report of sale pursuant to 14 M.R.S. § 6323, Plaintiff will not include any request for s deficiency judgment. Plaintiff's waiver of any right to claim a deficiency is a binding agreement without regard to whether this judgment is ever set aside or waived in the future.
Dated: July 17, 2019 /s/Reneau J. Longoria, Esq.
John A. Doonan, Esq., Bar No. 3250
Reneau J. Longoria, Esq., Bar No. 5746
Attorneys for Plaintiff
Doonan, Graves & Longoria, LLC
100 Cummings Center, Suite 225D
Beverly, MA 01915
(978) 921-2670
JAD@dgandl.com
RJL@dgandl.com
Dated: June 24, 2019 /s/Scott Killam
Scott Killam
26 Terrace Drive
Berwick, ME 03901
Dated: July 11, 2019 /s/Analiisa L. Killam
Annaliisa L. Killam
c/o Thomas A. Cox, Esq.
P.O. Box 1314
Portland, ME 04104
SO ORDERED.
EXHIBIT A
(26 Terrace Drive, Berwick)
A certain lot or parcel of land with the improvements thereon, situated in Berwick, York County, Maine, in Pine Hill Terrace, so-called, bounded and described as follows:
Beginning at an iron pin set in the ground on the Westerly side of Pine Hill Terrace and land owned by Vernon Libby and Melva Libby, and running thence in a general Westerly direction by land of said Libbys a distance of one hundred twenty (120) feet, more or less, to another iron pin set in the ground; thence turning and running in a general Southerly direction a distance of one hundred thirty (130) feet, more or less, to another iron pin set in the ground, and land, now or formerly of Devoll; thence turning and running in a general Easterly direction a distance of one hundred twenty-five (125) feel, more or less by other land, now or formerly of Devoll, to another iron pin set in the ground on the Westerly side of Pine Hill Terrace; thence turning and running in a general Northerly direction by said Pine Hill Terrace a distance of one hundred forty-six (146) feet, more or less, to an iron pin and the point of beginning.
FOR SOURCE OF TITLE reference is made to a Warranty Deed from Stephen D. Haney to Scott Killam and Annaliisa L. Killam dated October 15, 2008 and recorded in the York County Registty of Deeds in Book 15507, Page 882.
