Filed: Jul. 18, 2019
Latest Update: Jul. 18, 2019
Summary: CONSENT JUDGMENT OF FORECLOSURE AND SALE RE: 6 School Street, Bridgton, ME 04009 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, Dawn Landsman a/k/a Dawn L. Beauchamp and Party-In-Interest CACH, LLC, 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 — Un
Summary: CONSENT JUDGMENT OF FORECLOSURE AND SALE RE: 6 School Street, Bridgton, ME 04009 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, Dawn Landsman a/k/a Dawn L. Beauchamp and Party-In-Interest CACH, LLC, 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 — Unj..
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CONSENT JUDGMENT OF FORECLOSURE AND SALE
RE: 6 School Street, Bridgton, ME 04009
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, Dawn Landsman a/k/a Dawn L. Beauchamp and Party-In-Interest CACH, LLC, 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 ($170,438.32) 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 $114,800.22
Escrow Balance $16,096.57
Interest $39,541.53
Grand Total $170,438.32
2. If the Defendant or their heirs or assigns do not pay U.S. Bank the amount adjudged due and owing ($170,438.32) 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 Bridgton Property shall terminate, U.S. Bank shall conduct a public sale of the Bridgton Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $170,438.32 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 $170,438.32.
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 $170,438.32, pursuant to the subject Note and Mortgage.
b.) CACH, LLC has the second priority behind the Plaintiff pursuant to a Writ of Execution dated July 22, 2010, in the amount of $4,751.65, and recorded in the Cumberland County Registry of Deeds in Book 28176, page 96.
c.) Dawn Landsman a/k/a Dawn L. Beauchamp has the third priority behind the Plaintiff.
6. The prejudgment interest rate is 6.00000%, see 14 M.R.S.A. § 1602-B, and the post-judgment interest rate is 8.590000%, 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 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
Dawn Landsman Pro Se
a/k/a Dawn L. Beauchamp
113 Cimarron Drive, Apt. D8
Seabrook, NH 03874
PARTY-IN-INTEREST
CACH, LLC Pro Se
c/o Corporation Service
Company
45 Memorial Circle
Augusta, ME 04330
a) The docket number of this case is No. 2:19-cv-00156-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, 6 School Street, Bridgton, ME 04009, is set forth in Exhibit A to the Judgment herein.
d) The street address of the real estate involved is 6 School Street, Bridgton, ME 04009. The Mortgage was executed by the Defendants on February 5, 2009. The book and page number of the Mortgage in the Cumberland County Registry of Deeds is Book 26624, Page 83.
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, 6 School Street, Bridgton, ME 04009.
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: July 4, 2019 /s/ Dawn Landsman
Dawn Landsman, a/k/a Dawn L. Beauchamp
113 Cimarron Drive, Apt. D8
Seabrook, NH 03874
SO ORDERED.
Exhibit A
THE FOLLOWING DESCRIBED REAL PROPERTY LOCATED IN THE TOWN OF BRIDGTON, COUNTY OF CUMBERLAND AND STATE OF MAINE:
A CERTAIN LOT OR PARCEL OF LAND, WITH THE BUILDINGS THEREON, SITUATED ON SCHOOL STREET IN THE TOWN OF BRIDGTON, COUNTY OF CUMBERLAND AND STATE OF MAINE, AND BOUNDED EASTERLY BY SAID SCHOOL STREET; NORTHERLY BY LAND FORMERLY OWNED BY JOHN LONG AND NOW OR FORMERLY OWNED BY WALTER KEEN; WESTERLY BY HOMESTEAD PREMISES NOW OR FORMERLY OF MILLARD M. CASWELL; AND SOUTHERLY OF HOMESTEAD PREMISES NOW OF FORMERLY OF BETSY BRAGDON.
SUBJECT TO ANY EASEMENTS, RESTRICTIONS, RIGHTS OF WAYS OF RECORD, IF ANY.
FOR TITLE SEE DEED DATED JANUARY 13, 2005 AND RECORDED IN BOOK 22228 PAGE 16
PROPERTY ADDRESS
6 School St.
Bridgton, ME 04009
TAX ID# map 24 lot 27
