US BANK TRUST NA AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST v. MORGAN

Filing 30

JUDGMENT OF FORECLOSURE AND SALE. It is hereby ORDERED that any motion for attorney's fees shall be filed within the time specified in Local Rule 54.2 of this Court. By JUDGE LANCE E. WALKER. (Attachments: # 1 Exhibit)(CJD)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE

U.S. Bank Trust, N.A., as Trustee for LSF9
Master Participation Trust
Plaintiff
v.
Caroline P. Morgan

1:19-cv-00177-LEW

Defendant
SW Linear Investment Group, LLC
Capital One Bank (USA) N.A.
Mortgage Electronic Registration Systems
Inc. as nominee for GMAC Mortgage
Corporation
Asset Management Holdings, LLC
Parties-In-Interest
JUDGMENT OF FORECLOSURE AND SALE
Address: 633 Corea Road, Corea, ME 04624
Mortgage: May 6, 2004, Book: 3914, Page:271
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
Unpaid Principal Balance
Interest
Escrow Balance
FCL Certifed Mailing
Costs
FCL Court Costs
FCL Title Fees
PP- Debris Remove I/E
HUD Allow
PP- Health Hazard
Removal I/E
PP- Health Hazard
Removal/ Mold
PP- Inspection Exterior
PP- Interior Inspection
PP- Lawn Care - 1/2 Acre
Initial
PP- Lock Change

Amount
$67,587.72
$19,228.11
$10,160.74
$47.20
$479.00
$402.00
$400.00
$375.00
$5,203.25
$180.00
$621.67
$145.00
$180.00

PP- Lock Change Padlock
PP- MISC Exterminate
PP- MISC Snow Removal
PP- MISC Cap Exposed
Wire
PP- MISC Removed
Animal
PP- Pump Basement
PP- Repair - Emergency
Repairs
PP- Roof Work - Tarped
Roof
PP- Securing OTHER
PP- Utilities Electric
PPWinterize/Dewinterize
PP- Winterize OTHER
PP- Utilities
VAL Brokers Price
Opinion
Late Charge
Less Unapplied Funds
Grand Total

$160.00
$100.00
$500.00
$100.00
$25.00
$250.00
$1,909.00
$2,800.00
$325.00
$235.48
$250.00
$100.00
$7.54
$166.50
$403.32
$-1.89
$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
LSF9 Master Participation Trust

John A. Doonan, Esq.
Reneau J. Longoria, Esq.
Doonan, Graves & Longoria, LLC
100 Cummings Center, Suite 225D
Beverly, MA 01915

Caroline P. Morgan
503 Benton Avenue, Apt. 406
Winslow, ME 04901

NA

Mortgage Electronic Registration
Services, Inc., as nominee for GMAC
Mortgage Corporation
1818 Library St., Suite 300
Reston, VA 20190

NA

Asset Management Holdings, LLC
100 Paramount Drive, Suite 205
Sarasota, FL 34232

NA

SW Linear Investment Group, LLC
1970 Main St., Suite 201
Sarasota, FL 34236

NA

Capital One Bank (USA) N.A.
100 Shockoe Slip, 2nd Floor
Richmond, VA 23219

NA

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.
Dated this 17th day of October, 2019.
/s/ Lance E. Walker
U.S. District Judge