US BANK TRUST NA v. GRANDMAISON

Filing 14

CONSENT JUDGMENT OF FORECLOSURE AND SALE By JUDGE GEORGE Z. SINGAL. (lrc)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
U.S. Bank Trust, N.A., as Trustee for LSF9
Master Participation Trust

CIVIL ACTION NO: 2:17-cv-00016

Plaintiff
vs.
Derek L. Grandmaison

RE:
61 Brattle Street, South Berwick, ME 03908
Mortgage:
March 3, 2006
Book 14778, Page 745

Defendant
MSNI Fund VI
Party-In-Interest
CONSENT JUDGMENT OF FORECLOSURE AND SALE
Now Comes the Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation
Trust, and the Defendant, Derek L. Grandmaison, 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 his heirs or assigns pays U.S. Bank Trust, N.A., as Trustee for LSF9
Master Participation Trust (“U.S. Bank”) the amount adjudged due and owing ($280,795.53)
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 his heirs or assigns does not pay U.S. Bank the amount adjudged due
and owing ($280,795.53) within 90 days of the Judgment, as that time period is calculated in
accordance with 14 M.R.S.A. § 6322, his remaining rights to possession of the South

Berwick Property shall terminate, and U.S. Bank shall conduct a public sale of the South
Berwick Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to
itself in the amount of $280,795.53 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 $280,795.53.

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 pursuant to the subject Note and Mortgage.

b)

MSNI Fund VI has the second priority behind the Plaintiff pursuant to a Mortgage
in the amount of $33,000.00, dated March 3, 2006, and recorded in the York County
Registry of Deeds in Book 14778, Page 771, as assigned by virtue of the Assignment
of Mortgage dated November 8, 2013, and recorded in said Registry in Book 16766,
Page 373.

c)

Derek L. Grandmaison have the third priority behind the Plaintiff.

6.

No public utility easements survive the foreclosure.

7.

The prejudgment interest rate is 8.750%, 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

PLAINTIFF

COUNSEL

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
Derek L. Grandmaison
61 Brattle Street
South Berwick, ME 03908

Pro Se

MSNI Fund VI
C/o Agent: Tyler E. Harpe
9700 Fair Oaks Blvd.
Suite C
Fair Oaks, CA 95628

Pro Se

PARTY-IN-INTEREST

a)

The docket number of this case is No. 2:17-cv-00016.

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, 61 Brattle Street, South Berwick, ME
03908, is set forth in Exhibit A to the Judgment herein.

d)

The street address of the real estate involved is 61 Brattle Street, South Berwick, ME
03908. The Mortgage was executed by the Defendant on March 3, 2006. The book
and page number of the Mortgage in the York County Registry of Deeds is Book
14778, Page 745.

e)

This judgment does not constitute any personal liability on the part of the
Defendant, but acts solely as an in rem judgment concerning the subject property.

SO ORDERED.
Dated: October 19, 2017

Dated: October 17, 2017

/s/ George Z. Singal
U.S. District Judge

/s/John A. Doonan

John A. Doonan, Esq., Bar No. 3250
Attorney for Plaintiff
Doonan, Graves & Longoria, LLC
100 Cummings Center, Suite 225D
Beverly, Massachusetts 01915

Dated: September 21, 2017

/s/Derek L. Grandmaison
Derek L. Grandmaison
Defendant
21 Brattle Street
South Berwick, Maine 03908

Exhibit A - Property Description
Closing date:

March 3, 2006

Property
Address:

61 Brattlc Street, South Bervick, Maine 03908

Two certain lots with the buildings thereon, situate on the southerly side of Brattle
Street in South Berwick, County of York, State of Maine bounded and described as
follows:
Parcel #1: Bounded southwesterly by land formerly of Ransom Merrill; southeasterly
by land formerly of Eugene W . Ball; northwesterly by highway; and northeasterly by
land formerly of Eugene W. Ball; and being commonly known as the homestead of the
late Henry Young.
Together with all its right, title and interest in and to a certain right-of-way as described
and conveyed in a certain deed from Ralph L. Ball, et al, to Marie L. Reidy dated Jun e
11, 1930 and recorded in said York Registry, Book 818, Page 392, to which deed reference
is hereby made for a further description thereof.
Parcel #2: Beginning at an iron pin on the southerly side of Brattle Street, said iron pin
being located at the northeasterly corner of other land formerly owned by Arlo Horr;
thence ru nning easterly along Brattle Street for a distance of twenty-eight (28) feet to a
stone marker in the grou nd at land being retained by Charles W. F. and Loretta S.
Warren; thence tu rning and running southerly in a straight line along said Warren's
land for a distance of two hundred ninety-one (291) feet, more or less, to an iron pipe set
at the base of a maple tree; thence turning and running westerly along land owned now
or formerly by one Fink for a distance of one thirty-five (135) feet, more or less, to an
iron pipe at land owned now or formerly by one Boilard; thence turning and ru nning
northerly along land of Boilard and land of Merrill for a distance of one hundred thirtyone (131) feet, more or less, to other land formerly of said Horr's; thence turning and
running easterly along land formerly of Horr a distance of one hundred five (105) feet,
more or less; thence turning and running northwesterly along land formerly of Horr for a
distance of one h u ndred sixty (160) feet, more or less, to an iron pipe set on the
sou therly side of Brattle Street and being the point of beginning.

EXHIBIT

IA
A