US BANK TRUST NA v. LEO

Filing 42

CONSENT JUDGMENT of Foreclosure and Sale granting 37 Motion for Judgment. By JUDGE NANCY TORRESEN. (slg)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
U.S. BANK TRUST, N.A., AS
TRUSTEE FOR LSF9 MASTER
PARTICIPATION TRUST,
Plaintiff,
v.
MICHELE LEO,
Defendant.

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Docket No. 2:23-cv-00459-NT
RE: 45 Smutty Lane
Saco, ME 04072
Mortgage: February 22, 2007
York County Registry of Deeds
Book 15093, Page 349;
Rerecorded Book 15106, Page 833

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, Michele Leo, and hereby submit this Consent
Judgment of Foreclosure and Sale.
JUDGMENT on the Complaint’s one count for 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 ($771,552.88) within 90 days of the date of the Judgment, as that time
period is calculated in accordance with 14 M.R.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
Principal Balance
Interest
Unpaid Late Charges
Escrow Advance
Corporate Advance
Grand Total
2.

Amount
$345,210.66
$183,808.02
$267.38
$169,752.98
$72,513.84
$771,552.88

If the Defendant or his/her heirs or assigns do not pay U.S. Bank the

amount adjudged due and owing ($771,552.88) within 90 days of the Judgment, as
that time period is calculated in accordance with 14 M.R.S. § 6322, his/her remaining
rights to possession, if any, of the property located at 45 Smutty Lane in Saco, Maine
(“Saco Property”) shall terminate, and U.S. Bank shall conduct a public sale of the
Saco Property in accordance with 14 M.R.S. § 6323, disbursing the proceeds first to
itself in the amount of $771,552.88 after deducting the expenses of the sale, additional
fees and costs between the date of the Judgment and the distribution of sale proceeds,
with any surplus to the Defendant or the heirs or assigns, in accordance with 14
M.R.S. § 6324. U.S. Bank may not seek a deficiency judgment against the Defendant
pursuant to the Defendant’s discharge in bankruptcy.
3.

Pursuant to 14 M.R.S. § 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.
4.

The Plaintiff is responsible for recording the attested copy of this

Judgment with the signed Clerk’s certification in the proper county’s registry of deeds

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within one year of the entry of the final judgment and for paying the appropriate
recording fees. See 14 M.R.S. § 2401(3).
5.

The amount due and owing is $771,552.88 and the mortgage loan is in

default because the Defendant, Michele Leo, failed to comply with the terms of the
Note and Mortgage and is in breach of both.
6.

U.S. Bank has first priority, in the amount of $771,552.88, pursuant to

the subject Note and Mortgage, and there are no parties in interest other than the
Defendant who has second priority.
6.

By agreement of the parties, any prejudgment interest that would have

accrued pursuant to 14 M.R.S. § 1602-B is waived. The post-judgment interest rate
is 10.23%, pursuant to 14 M.R.S. § 1602-C.
7.

The following information is included in this Judgment pursuant to 14

M.R.S. § 2401(3):
a) The parties to this action and counsel of record are:
PLAINTIFF

DEFENDANTS

PARTIES
U.S. Bank Trust, N.A.,
as Trustee for LSF9 Master
Participation Trust
13801 Wireless Way
Oklahoma City, OK 73134

COUNSEL
Reneau J. Longoria, Esq.
Doonan, Graves & Longoria,
LLC 100 Cummings Center
Suite 303C
Beverly, MA 01915

Michele Leo

Scott D. Dolan, Esq.
Robert E. Mittel, Esq.
Two Monument Square
Suite 900
Post Office Box 17555
Portland, Maine 04112

b) The docket number of this case is No. 2:23-cv-00459-NT.

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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 Federal Rules of Civil Procedure and consents to this
Judgment.
d) A description of the real estate involved, 45 Smutty Lane, Saco, Maine
04072, is set forth in Exhibit A to the Judgment.
e) The street address of the real estate involved is 45 Smutty Lane, Saco,
ME 04072. The Mortgage was executed by Defendant Michele Leo on
February 22, 2007. The book and page number of the Mortgage in the
York County Registry of Deeds is Book 15093, Page 349. The book and
page number of the corrective Mortgage recorded in the York County
Registry of Deeds on March 15, 2007 is Book 15106, Page 833.
8.

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 Saco Property. The
parties also agree that this Judgment fully satisfies any claims that the Plaintiff may
have had against the Defendant stemming from the Note referenced herein and copy
of which is attached as Exhibit B to the Complaint in this matter.
9.

Further, the parties acknowledge and agree that the Saco Property is

no longer occupied by individuals who were previously month-to-month tenants who
have ceased paying. The parties consent to entry of judgment and waive the 90-day
right of redemption.

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10.

The parties further agree to allow the receiver to continue his

marketing efforts through May 1, 2025. If the Saco Property is under contract by May
1, 2025, the parties consent to an additional 45 days to complete the sale of the Saco
Property and to distribute the proceeds.
11.

If the Saco Property is not under contract by May 1, 2025, the parties

consent to the public foreclosure of same on Wednesday, May 21, 2025.

Dated: February 3, 2025

/s/ Reneau J. Longoria, Esq.
Reneau J. Longoria, Esq., Bar No. 5746
Attorneys for Plaintiff
Doonan, Graves & Longoria,
LLC 100 Cummings Center,
Suite 303C Beverly, MA 01915
[phone]
[e-mail]

Dated: February 3, 2025

/s/Scott D. Dolan, Esq.
Scott D. Dolan, Esq.
Robert E. Mittel, Esq.
Two Monument Square, Suite 900
Post Office Box 17555
Portland, Maine 04112

SO ORDERED.
/s/ Nancy Torresen
United States District Judge
Dated this 11th day of March, 2025.

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