Filed: Oct. 17, 2019
Latest Update: Oct. 17, 2019
Summary: JUDGMENT OF FORECLOSURE AND SALE Address: 633 Corea Road, Corea, ME 04624 Mortgage: May 6, 2004, Book: 3914, Page:271 LANCE E. WALKER , District Judge . 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 Elec
Summary: JUDGMENT OF FORECLOSURE AND SALE Address: 633 Corea Road, Corea, ME 04624 Mortgage: May 6, 2004, Book: 3914, Page:271 LANCE E. WALKER , District Judge . 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 Elect..
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JUDGMENT OF FORECLOSURE AND SALE
Address: 633 Corea Road, Corea, ME 04624
Mortgage: May 6, 2004, Book: 3914, Page:271
LANCE E. WALKER, District Judge.
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 defaulted.
• Capital One Bank (USA) N.A, who has been defaulted.
• Caroline P. Morgan who has been defaulted
6. The prejudgment interest rate is 3.12500%, see 14 M.R.S.A § 1602-B, and the post-judgment interest rate is 8.59%, see 14 M.R.S. §1602-C.
7. This will confirm that the Deed in Lieu given in violation of the subject mortgage to SW Linear Investment Group, LLC, dated January 24, 2014, and recorded in the Hancock County Registry of Deeds in Book 6181, Page 142, is hereby void.
8. The following information is included in this Judgment pursuant to 14 M.R.S. § 2401(3):
PARTIES COUNSEL
U.S. Bank Trust, N.A., as Trustee for John A. Doonan, Esq.
LSF9 Master Participation Trust Reneau J. Longoria, Esq.
Doonan, Graves & Longoria, LLC
100 Cummings Center, Suite 225D
Beverly, MA 01915
Caroline P. Morgan NA
503 Benton Avenue, Apt. 406
Winslow, ME 04901
Mortgage Electronic Registration NA
Services, Inc., as nominee for GMAC
Mortgage Corporation
1818 Library St., Suite 300
Reston, VA 20190
Asset Management Holdings, LLC NA
100 Paramount Drive, Suite 205
Sarasota, FL 34232
SW Linear Investment Group, LLC NA
1970 Main St., Suite 201
Sarasota, FL 34236
Capital One Bank (USA) N.A. NA
100 Shockoe Slip, 2nd Floor
Richmond, VA 23219
a) The docket number of this case is No. 1:19-cv-00177-LEW.
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, 633 Corea Road, Corea, ME 04624, is set forth in Exhibit A to the Judgment herein.
d) The street address of the real estate involved is 633 Corea Road, Corea, ME 04624. The Mortgage was executed by the Defendant on May 6, 2004. The book and page number of the Mortgage in the Hancock County Registry of Deeds is Book 3914, Page 271.
e) This judgment shall not create any personal liability on the part of the Defendant but shall act solely as an in rem judgment against the property, 633 Corea Road, Corea, ME 04624.
SO ORDERED.
EXHIBIT A
(04-01597B)
Two certain lots or parcels of land in that part of Gouldsboro known as Corea, County of Hancock, State of Maine, described as follows:
PARCEL NUMBER ONE: A certain lot or parcel of land, with all buildings thereon, bounded and described as follows, to wit:
A certain lot or parcel of land with any and all structures and improvements thereon, situated in that part of the Town of Gouldsboro known as Corea, Hancock County, Maine, being the same premises as described in a Deed of Distribution from Patricia A. Gordon, Personal Representative of the Estate of Clifford C. Campbell, to Carleton E. Campbell, Kendell L. Campbell, Roland P. Campbell and Sharon E. Rice, dated April 2, 1991, recorded in the Hancock Registry of Deeds in Book 1856, Page 555, also being the same premises as described in the Release Deed from Carleton E. Campbell, et al. to Patricia A. Gordon dated April 2, 1991, recorded in said Registry of Deeds in Book 1856, Page 558, wherein the premises is bounded and described as follows:
Easterly by the State Highway leading from said Corea to Prospect Harbor; southerly and westerly by land occupied by Roy Schofield, northerly by a straight line running from the westerly line of the State Highway in a westerly direction parallel with the northerly end of the buildings now on said lot and twelve (12) feet northerly from said buildings to a point in the easterly line of land occupied by said Schofield, or at a point where the easterly line of land occupied by said Schofield prolonged would intersect this line marking the northerly boundary of the land herein conveyed."
PARCEL NUMBER TWO: A certain lot or parcel of land, with all buildings thereon, bounded and described as follows, to wit:
A certain lot or parcel of land, with all buildings thereon, being all and the same premises described as conveyed in deed from Phyllis B. Salvante and Slyvia G. Traube, Administratrices of the Estate of Daniel I. Gould, to Arlene J. Bridges dated March 20, 1978 and recorded at Book 1315, Page 665 of the Hancock County, Maine, Registry of Deeds, wherein said premises are described as follows, to wit:
A certain lot or parcel of land situated in Gouldsboro, County of Hancock, State of Maine, in that part known as Corea and bounded and described as follows, to wit:
Bounded Northerly by land of the Baptist Church, Easterly by the State Highway leading to Prospect Harbor; Southerly and Westerly by land occupied by Roy Schofield
Being the same premises as described in the deed from Anna Belle Gramse and Godon H. Wentworth to Caroline P. Morgan, dated October 8, 2002 and recorded in Book 3428 Page 236, Hancock County Registry of Deeds.
