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

Filing 218

JUDGMENT of Foreclosure and Sale. By JUDGE JOHN A. WOODCOCK, JR. (Attachments: # 1 Exhibit A - Legal Description)(CCS)

Download PDF
UNITED STATES DISTRICT COURT DISTRICT OF MAINE U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, Plaintiff vs. Shannon R. Moore a/k/a Shannon Slaughter, CIVIL ACTION NO: 2:19-cv-00157-JAW JUDGMENT OF FORECLOSURE AND SALE RE: 69 Veranda Street, Portland, ME 04103 Mortgage: November 22, 2005 Book 23455, Page 67 Defendant Steve Thomes, Party-In-Interest. This matter came before the Court for a Bench Trial November 15, 2021. Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, (“U.S. Bank”) was present and represented by Reneau J. Longoria, Esq. Defendant, Shannon R. Moore a/k/a Shannon Slaughter, (“Moore”) was initially present, but left the Courtroom several minutes into the Trial; Party-In-Interest, Steve Thomes was present and testified. All persons interested having been duly notified in accordance with the law, and after hearing, U.S. Bank is granted a Judgment of Foreclosure and Sale. JUDGMENT on Count I – Foreclosure and Sale is hereby ENTERED as follows: 1. If the Defendant or his/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 ($335,351.10) 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 as of November 10, 2021: Description Principal Balance Interest Escrow Advance Corporate Advance Grand Total Amount $227,784.17 $46,078.19 $42,419.41 $19,069.33 $335,351.10 2. If the Defendant or his/her heirs or assigns do not pay U.S. Bank the amount adjudged due and owing ($335,351.10) within 90 days of the judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322, his/her remaining rights to possession of the Portland Property shall terminate, and U.S. Bank shall conduct a public sale of the Portland Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $335,351.10 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. U.S. Bank may not seek a deficiency judgment against the Defendant pursuant to the Defendant's discharge in bankruptcy. 3. In the event that the Defendant, and anyone occupying the premises under her, do not vacate the property upon termination of her right to possession, U.S. Bank may re-open this matter to seek a Writ of Assistance and/or Writ of Possession to be served by the U.S. Marshals Service pursuant to Federal Rule of Civil Procedure 4.1(a). consistent with this Judgment. 4. Pursuant to 14 M.R.S.A. § 2401(3)(F), the Clerk, if requested, 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. 5. The amount due and owing is $335,351.10. 6. 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 $335,351.10, pursuant to the subject Note and Mortgage. 2 ● Steve Thomes does not have the second priority behind the Plaintiff pursuant to the Mortgage dated October 29, 2015, in the amount of $21,000.00, and recorded in the Cumberland County Registry of Deeds in Book 32697, Page 264 as said mortgage was not given for consideration, is acknowledged to be fraudulent, and was released by Release of Mortgage dated November 15, 2021. ● Shannon R. Moore a/k/a Shannon Slaughter has the second priority behind the Plaintiff. 7. The prejudgment interest rate is 8.96000%, see 14 M.R.S.A. § 1602-B, and the postjudgment interest rate is .15 %, see 28 U.S.C. § 1961. 8. The following information is included in this Judgment pursuant to 14 M.R.S.A. § 2401(3): PARTIES U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust 13801 Wireless Way Oklahoma City, OK 73134 John A. Doonan, Esq. Reneau J. Longoria, Esq. Doonan, Graves & Longoria, LLC 100 Cummings Center Suite 303C Beverly, MA 01915 Shannon R. Moore a/k/a Shannon Slaughter 69 Veranda Street Portland, ME 04103 Pro Se Steve Thomes 85 Oakhurst Road Cape Elizabeth, ME 04107 PLAINTIFF COUNSEL Pro Se DEFENDANT PARTY-IN-INTEREST a) The docket number of this case is No. 2:19-cv-00157-JAW. b) All parties to these proceedings received notice of the proceedings in accordance with the applicable provisions of the Federal Rules of Civil Procedure. 3 c) A description of the real estate involved, 69 Veranda Street, Portland, ME 04103, is set forth in Exhibit A to the Judgment herein. d) The street address of the real estate involved is 69 Veranda Street, Portland, ME 04103. The Mortgage was executed by the Defendant, Shannon R. Moore a/k/a Shannon Slaughter on November 22, 2005. The book and page number of the Mortgage in the Cumberland County Registry of Deeds is Book 23455, Page 67. 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, 69 Veranda Street, Portland, ME 04103. SO ORDERED /s/ John A. Woodcock, Jr. JOHN A. WOODCOCK, JR. UNITED STATES DISTRICT JUDGE Dated this 19th day of November, 2021 4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?