US BANK TRUST NA v. MENEZES et al

Filing 46

CONSENT JUDGMENT OF FORECLOSURE AND SALE By JUDGE GEORGE Z. SINGAL. (Attachments: # 1 Exhibit A to Consent Judgment)(lrc)

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

CIVIL ACTION NO: 2:17-cv-00066
RE:
96 Victoria Drive, Westbrook, ME 04092

Jonathan Menezes a/k/a Jonathan Menezes, Mortgage:
Sr. and Shonda Menezes a/k/a Shanda
May 24, 2006
Menezes f/k/a Shonda Boucher
Book 24049, Page 64
Defendants
Mortgage Electronic Registrations Systems,
Inc. as nominee for Homecomings
Financial Network, inc.
FIA Card Services, N.A.
Parties-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 Defendants, Jonathan Menezes a/k/a Jonathan Menezes, Sr. and Shonda Menezes
a/k/a Shanda Menezes f/k/a Shonda Boucher and Party-In-Interest Mortgage Electronic
Registrations Systems, Inc. as nominee for Homecomings Financial Network, inc., and Party-InInterest FIA Card Services, N.A., 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 Defendants 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 ($539,726.86
as of January 6, 2017) within 90 days of the date of the Judgment, as that time period is
calculated in accordance with 14 M.R.S.A. § 6322.

2.

If the Defendants or their heirs or assigns do not pay U.S. Bank the amount adjudged due
and owing ($539,726.86 as of January 6, 2017) 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 Westbrook Property shall terminate, U.S. Bank shall conduct a public sale
of the Westbrook Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds
first to itself in the amount of $539,726.86, 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 $539,726.86.

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 $539,726.86 as of January 6, 2017 pursuant to the subject
Note and Mortgage.

b)

Mortgage Electronic Registrations Systems, Inc. as nominee for Homecomings
Financial Network, inc. has the second priority behind the Plaintiff pursuant to an
Open-End Mortgage dated May 24, 2006, in the amount of $37,000.00, and
recorded in the Cumberland County Registry of Deeds in Book 24049, page 82.

c)

FIA Card Services, N.A. has the third priority behind the Plaintiff pursuant to a Writ
of Execution dated November 5, 2010, in the amount of $8,577.89, and recorded in
the Cumberland County Registry of Deeds in Book 28313, page 199.

c)

Jonathan Menezes a/k/a Jonathan Menezes, Sr. and Shonda Menezes a/k/a Shanda
Menezes f/k/a Shonda Boucher have the fourth priority behind the Plaintiff.

6.

No public utility easements survive the foreclosure.

7.

The prejudgment interest rate is 6.87500%, 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
Jonathan Menezes a/k/a
Jonathan Menezes, Sr.
96 Victoria Drive
Westbrook, ME 04092

Pro Se

Shonda Menezes a/k/a Shanda Pro Se
Menezes f/k/a Shonda Boucher
75 Anderson Road
Windham, ME 04062
PARTIES-IN-INTEREST
FIA Card Services, N.A.
1100 North King Street
Wilmington, DE 19801

Defaulted

Mortgage Electronic
Registrations Systems, Inc. as
nominee for Homecomings
Financial Network, inc.
1818 Library Street, Suite 300
Reston, VA 20190

Defaulted

a)

The docket number of this case is No. 2:17-cv-00066.

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, 96 Victoria Drive, Westbrook, ME 04092, is

set forth in Exhibit A to the Judgment herein.
d)

The street address of the real estate involved is 96 Victoria Drive, Westbrook, ME
04092. The Mortgage was executed by the Defendants on May 24, 2006. The book
and page number of the Mortgage in the Cumberland County Registry of Deeds is
Book 24049, Page 64.

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, 96 Victoria Drive,
Westbrook, ME 04092.

f)

Plaintiff specifically agrees to waive any deficiency which may be associated with this
loan and this judgment shall not establish any personal liability of the Defendants for
the debt secured by the mortgage but shall operate only as to the real estate
described in the mortgage, this waiver of deficiency is permanently binding upon the
parties even if this judgment is later waived by the Plaintiff. Plaintiff expressly and
forever waives any right to seek any deficiency judgment against either Defendant as
otherwise might be permitted under 14 M.R.S. §6324.

Dated: May 14, 2018

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 May 7, 2018
/s/Jonathan Menezes
Jonathan Menezes a/k/a Jonathan Menezes, Sr.
96 Victoria Drive
Westbrook, ME 04092
/s/ Shonda Menezes
Shonda Menezes a/k/a Shanda Menezes f/k/a
Shonda Boucher
75 Anderson Road
Windham, ME 04062

SO ORDERED.
Date: June 5, 2018
/s/ George Z. Singal
George Z. Singal
U.S. District Judge