Filed: Mar. 05, 2019
Latest Update: Mar. 05, 2019
Summary: CONSENT JUDGMENT OF FORECLOSURE AND SALE RE: 244 Old Union Road, Washington, ME 04574 LANCE E. WALKER , District Judge . Now comes the Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, and the Defendant, Jeannine F. Setterlund f/n/a Jeannine M. Bellefleur 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 Enrichme
Summary: CONSENT JUDGMENT OF FORECLOSURE AND SALE RE: 244 Old Union Road, Washington, ME 04574 LANCE E. WALKER , District Judge . Now comes the Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, and the Defendant, Jeannine F. Setterlund f/n/a Jeannine M. Bellefleur 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 Enrichmen..
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CONSENT JUDGMENT OF FORECLOSURE AND SALE
RE: 244 Old Union Road, Washington, ME 04574
LANCE E. WALKER, District Judge.
Now comes the Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, and the Defendant, Jeannine F. Setterlund f/n/a Jeannine M. Bellefleur 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 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 ($278,812.80) 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 Defendants or their heirs or assigns do not pay U.S. Bank the amount adjudged due and owing ($278,812.80) 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 Washington Property shall terminate, U.S. Bank shall conduct a public sale of the Washington Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $278,812.80 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 Defendant's discharge in bankruptcy.
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 $278,812.80.
5. U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust has first priority, in the amount of $278,812.80, pursuant to the subject Note and Mortgage and there are no parties in interest other than the Defendants, who have second priority.
6. No public utility easements survive the foreclosure.
7. The prejudgment interest rate is 2.00000%, 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):
PARTIES COUNSEL
PLAINTIFF U.S. Bank Trust, N.A., as Trustee John A. Doonan, Esq.
for LSF9 Master Participation Reneau J. Longoria, Esq.
Trust Doonan, Graves & Longoria, LLC
100 Cummings Center, Suite 225D
Beverly, MA 01915
DEFENDANT Jeannine F. Setterlund f/n/a Pro Se
Jeannine M. Bellefleur
151 Philadelphia Boulevard
Palm Harbor, FL 34684
a) The docket number of this case is No. 2:19-cv-00048-LEW.
b) The Defendants, the only parties to these proceedings besides U.S. Bank, 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, 244 Old Union Road, Washington, ME 04574, is set forth in Exhibit A to the Judgment herein.
d) The street address of the real estate involved is 244 Old Union Road, Washington, ME 04574. The Mortgage was executed by the Defendants on March 15, 2006. The book and page number of the Mortgage in the Knox County Registry of Deeds is Book 3591, Page 60.
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, 244 Old Union Road, Washington, ME 04574.
Dated: March 1, 2019 /s/Reneau J. Longoria, Esq.
John A. Doonan, Esq., Bar No. 3250
Reneau J. Longoria, Esq., Bar No. 5746
Doonan, Graves & Longoria, LLC
100 Cummings Center, Suite 225D
Beverly, MA 01915
Dated: February 22, 2019 /s/Jeannine F. Setterlund
Jeannine F. Setterlund f/n/a Jeannine M.
Bellefleur
151 Philadelphia Boulevard
Palm Harbor, FL 34684
SO ORDERED.
EXHIBIT "A"
A certain lot or parcel of labd situated in the Town of Washington, County of Knox and State of Maine, bounded and described as follows:
Lot #4 of the Ridgeview Subdivision on Old Union Road as shown on a Plan by John B. Cahon, R.L.S. #324, recorded in the Knox County Registry of Deeds in Cabinet 8, Sheet 203.
The above conveyed premises are subject to covenants and restrictions as recorded in the Knox County Registry of Deeds in Book 1436, Page 91 and to requirements listed on said Subdivision Plan recorded in Knox County Registry, Cabinet 8, Sheet 203.
Meaing and intending to convey all the land described in the deed from Darlene T. Hart to Willoiam A. Setterlund and Jeannie m. Bellefleur, dated November 1st, 2004 and recored in the Knox County Registry of Deeds in Book 3324, Page 156. Jeannie F. Setterlund is formery known as Jeannie M. Bellefleur.
