United States of America v. Lawe et al

Filing 14

FINDINGS OF FACT AND CONCLUSIONS OF LAW (cc: all counsel)(Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
GREEN BAY DIVISION

UNITED STATES OF AMERICA,
Plaintiff,

Case No. 13-C-1035

v.
CAMEO LAWE,
MENOMINEE INDIAN TRIBE OF WISCONSIN,
Defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The Motion for Default Judgment having been filed by the Plaintiff on the 6th day of
March, 2014, and the Court having considered the pleadings, affidavits and other documents
now on file, the Court hereby makes the following findings of fact and conclusions of law:

FINDINGS OF FACT
1.

The defendant Cameo Lawe is wholly in default.

2.

That the allegations set forth in plaintiff's complaint are proven true.

3.

That the mortgaged leasehold interest pertains to the premises described as
follows:
Lot 11 Medicine Hat Addition to Legend Lake; being a part of the SE-SW, NWSE, SW-SE, SE-SE, NE-SE, Section 18, NW-NE, Section 19, all in Township 28
North, of Range 16 East, Menominee Indian Reservation, Menominee County,
Wisconsin.
N1319 Spotted Fawn Trail
Keshena, WI 54135

4.

That notice of the pendency of this action was duly given on September 25,

2013, by filing a lis pendens in the office of the Register of Deeds for Menominee County,
Wisconsin. This was done in the manner and form required by law, after the filing of the
complaint herein, and more than twenty (20) days prior to the trial or other resolution of this
action.
5.

That on December 23, 2013, the Menominee Indian Tribe of Wisconsin

(“Tribe”) and the United States filed a Settlement Agreement and Stipulation to Dismiss the
Menominee Indian Tribe of Wisconsin (Doc. 5); which was approved by the Court on
December 31, 2013 (Doc. 7). As stated in that Order, the Tribe has waived its right of first
refusal under Section 7 of its lease with defendant Cameo Lawe.
6.

That no Answer was filed which raises any substantive issues of fact.

7.

That there is now due to the United States the following sums:
Principal Balance
Total Subsidy Granted
Late Charges
Fees Assessed
Lis Pendens fees

8.

$66,287.36
$19,698.34
$
65.49
$ 6,357.93
$
30.00

In addition to the amounts due stated in paragraph 7, there is also due to the

United States interest that is accruing daily on the debt. As of March 5, 2014, the interest
accrued totaled $10,843.45. Interest continues to accrue on the note at a rate of $12.9397 per
day. The total amount of interest will be calculated as of the date Judgment is ordered.
9.

That, under the terms of the mortgage, plaintiff may pay any taxes, assessments,

or insurance premiums accruing against the mortgaged premises that are now due or that shall
become hereafter due before a sale of the mortgaged premises; and to protect and preserve the
mortgaged premises, plaintiff may make payments for such repairs to the premises as may
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reasonably be deemed necessary for the proper preservation thereof. Doc. 1, Exh. C, ¶ 7.
Under the terms of the mortgage, all sums advanced by plaintiff for taxes, assessments,
insurance, or necessary repairs become additional indebtedness secured by the mortgage. Id.
10.

That, under the terms of the mortgage, costs and expenses incident to pursuing

this foreclosure remedy may be paid out of the proceeds of a foreclosure sale. Doc. 1, Exh. C,
¶ 23.
11.

That no other proceedings have been held at law or otherwise for the recovery of

the sum secured by the promissory note and mortgage.

CONCLUSIONS OF LAW
1.

That the plaintiff is entitled to judgment of foreclosure of the leasehold interest

in the usual form as prayed for in plaintiff's complaint in accordance with the above findings of
fact.
2.

That all sums advanced by plaintiff for taxes, assessments, insurance, or

necessary repairs shall become additional indebtedness secured by the mortgage and may be
added to the judgment by order at any time after the entry thereof.
3.

That any payments made by plaintiff for reasonable costs and expenses incurred

incident to pursuing this remedy of foreclosure may be paid out of the proceeds of the
foreclosure sale.
4.

That the defendants and all persons claiming under them subsequent to the filing

of the notice of the pendency of this action be and hereby are forever barred and foreclosed of
all right, title, interest, claim and equity of redemption in and to the leasehold interest or any
part, parcel, or portion thereof.
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5.

That if necessary to secure possession of said premises, the Clerk of Court, upon

application by plaintiff, shall issue a writ of assistance.
6.

That, pursuant to the mortgage instrument (Doc 1, Exhibit C, ¶ 24), the

defendants shall not be granted a period of redemption.
7.

That the leasehold interest shall be sold at public sale, and the sale shall be

conducted by or under the direction of the United States Marshal for the Eastern District of
Wisconsin. In accordance with 42 U.S.C. § 1479(d) and 7 C.F.R. § 3550.251(c)(3), the United
States Marshal may sell, transfer, or otherwise dispose of the leasehold interest only to the
Tribe, the Tribal housing authority, an eligible Tribal member, or the Rural Housing Service,
which itself may only sell, transfer or otherwise dispose of the leasehold interest only to the
Tribe, the Tribal housing authority, or an eligible Tribal member.
8.

That the subsequent sale, transfer, or other disposition of the leasehold interest

will not affect the status of the property as being held by the United States in trust for the Tribe.
9.

That in accordance with the plaintiff=s prayer for judgment, the plaintiff may

seek a personal deficiency judgment against Cameo Lawe if the proceeds of the sale are less
than the sum of money to be paid to the plaintiff.
IT IS THEREFORE ORDERED that foreclosure of said leasehold interest in the usual
form as provided by and in accordance with the above Findings of Fact and Conclusions of Law
be entered in this action.
Dated at Green Bay, Wisconsin, this

10th day of March, 2014.

s/ William C. Griesbach
WILLIAM C. GRIESBACH, Chief Judge
United States District Court

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