US BANK TRUST NA v. AKEY

Filing 24

JUDGMENT OF FORECLOSURE AND SALE By JUDGE JON D. LEVY. (akr)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
U.S. BANK TRUST, N.A., as Trustee for
LSF9 Master Participation Trust,
Plaintiff,
v.
KAREN J. AKEY,
Defendant.

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2:16-cv-00414-JDL

JUDGMENT OF FORECLOSURE AND SALE
In accordance with the Order Adopting the Recommended Decision of the
Magistrate Judge, issued on February 1, 2017 by U.S. District Judge Jon D. Levy,
the Plaintiff’s Motion for Default Judgment is GRANTED.

JUDGMENT of

Foreclosure and Sale 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 ($269,643.21) 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 Defendant or her heirs or assigns do not pay U.S. Bank the

amount adjudged due and owing ($269,643.21) within 90 days of the date of the
Judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322,
her remaining rights to possession of the Standish Property shall terminate, and

U.S. Bank shall conduct a public sale of the Standish Property in accordance with
14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of
$269,643.21 after deducting the expenses of the sale, with any surplus to the
Defendant, or her heirs or assigns, in accordance with 14 M.R.S.A. § 6324. U.S.
Bank has waived the right to seek any deficiency judgment against the Defendant
personally.
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 final judgment has been entered following
appeal.
4.

The amount due and owing is $269,643.21.

5.

U.S. Bank, N.A., as Trustee for LSF9 Master Participation Trust, has

first priority and that there are no parties in interest other than the Defendant, who
has second priority.
6.

No public utility easements survive the foreclosure.

7.

The prejudgment interest rate is 3.65%, 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):
a. The Plaintiff is:
U.S. Bank Trust, N.A.,
as Trustee for the LSF9
Master Participation Trust

Plaintiff’s counsel is:
John A. Doonan
Doonan, Graves & Longoria LLC
100 Cummings Center
Beverly, Massachusetts 01915

The Defendant, who is not represented by counsel, is:
Karen J. Akey
10 South Ridge Drive
Standish, Maine 04084
b. The docket number of this case is No. 2:16-cv-00414-JDL.
c. The Defendant, the only party to these proceedings besides U.S. Bank,
received notice of the proceedings in accordance with the applicable
provisions of the Maine Rules of Civil Procedure.
d. A description of the real estate involved, 10 South Ridge Drive,
Standish, Maine 04084, is set forth in Exhibit A to the Complaint
herein.
e. The street address of the real estate involved is 10 South Ridge Drive,
Standish ME, 04084. The book and page number of the Mortgage in
the Cumberland County Registry of Deeds is Book 26280, Page 320.
SO ORDERED.
Dated this 9th day of February 2017.

/s/Jon D. Levy
U.S. DISTRICT JUDGE