Opinion
Civil Action 2:19-cv-00435-JAW
08-25-2022
U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust Plaintiff v. Laura Giovannettone and Mark Giovannettone Defendants Kennebunk Savings Bank State of Maine, Maine Revenue Services Parties-In-Interest
PLAINTIFF U.S. Bank Trust, N.A., as Trustee Reneau J. Longoria, Doonan, Graves & Longoria, LLC DEFENDANT Laura Giovannettone Pro Se Mark Giovannettone Pro Se Kennebunk Savings Bank Christopher L. Brooks Drummond Woodsum & Macmahon State of Maine, Maine Revenue Services c/o Kaitlyn M. Husar, Assistant Attorney General.
RE:
588 Main Street f/k/a 90 Main Street, Eliot, ME 03903
Mortgage:
Book 12121, Page 288
October 15, 2002
PLAINTIFF U.S. Bank Trust, N.A., as Trustee Reneau J. Longoria, Doonan, Graves & Longoria, LLC
DEFENDANT Laura Giovannettone Pro Se Mark Giovannettone Pro Se
Kennebunk Savings Bank Christopher L. Brooks Drummond Woodsum & Macmahon
State of Maine, Maine Revenue Services c/o Kaitlyn M. Husar, Assistant Attorney General.
AMENDED JUDGMENT OF FORECLOSURE AND SALE
JOHN A. WOODCOCK, JR. U.S. DISTRICT JUDGE
Now comes the Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, 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 and Sale is hereby ENTERED as follows:
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 ($140,966.95) 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:
Description Amount
Principal Balance $59,910.31
Interest $30,102.55
Escrow/Impound Required $43,016.22
Total Advances $6,998.19
Late Charges Due $939.68
Grand Total $140,966.95
1. If the Defendants or their heirs or assigns do not pay U.S. Bank the amount adjudged due and owing ($140,966.95) within 90 days of the original judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322, their remaining rights to possession of the Eliot Property shall terminate, and U.S. Bank shall conduct a public sale of the Eliot Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $140,966.95 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 Laura Giovannettone n/k/a Laura Washburn pursuant to the Plaintiff's waiver of deficiency given in exchange for this consent.
2. 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.
3. The amount due and owing is $140,966.95.
4. 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 $140,966.95, pursuant to the subject Note and Mortgage.
• Kennebunk Savings Bank has the second priority behind the Plaintiff pursuant to a Mortgage dated March 20, 2003, in the amount of $30,000.00, and recorded in the York County Registry of Deeds in Book 12690, Page 330.
• State of Maine, Maine Revenue Services has the third priority behind the Plaintiff pursuant to a Notice of State Tax Lien dated January 6, 2019, in the amount of $5,260.01, and recorded in the York County Registry of Deeds in Book 17877, Page 433.
• Laura Giovannettone and Mark Giovannettone have the fourth priority behind the Plaintiff.
5. The prejudgment interest rate is 6.75000%, see 14 M.R.S.A. § 1602-B, and the postjudgment interest rate is .15%, see 14 U.S.C. § 1961.
6. The following information is included in this Judgment pursuant to 14 M.R.S.A. § 2401(3):
PARTIES COUNSEL
PARTIES-IN-INTEREST
a) The docket number of this case is No. 2:19-cv-00435-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.
c) A description of the real estate involved, 588 Main Street f/k/a 90 Main Street, Eliot, ME 03903, is set forth in Exhibit A to the Judgment herein.
d) The street address of the real estate involved is 588 Main Street f/k/a 90 Main Street, Eliot, ME 03903. The Mortgage was executed by the Defendants, Laura Giovannettone and Mark Giovannettone on October 15, 2002. The book and page number of the Mortgage in the York County Registry of Deeds is Book 12121, Page 288.
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, 588 Main Street f/k/a 90 Main Street, Eliot, ME 03903.
SO ORDERED