USA v. Robert A Christensen Family Trust et al

Filing 11

FINDINGS OF FACT AND CONCLUSIONS OF LAW signed by Judge J P Stadtmueller on 12/29/09 ordering that foreclosure of said mortgage in the usual form be entered in this action. (cc: all counsel)(nm)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN
UNITED STATES OF AMERICA, P l a i n t if f , v. R O B E R T A. CHRISTENSEN FAMILY TRUST, E S T A T E OF ROBERT A. CHRISTENSEN, D e fe n d a n ts . C a s e No. 09-CV-707

FINDINGS OF FACT AND CONCLUSIONS OF LAW
T h e above-entitled action having been heard on the 21st day of December, 2 0 0 9 , and the Court having considered the pleadings, affidavits and other d o c u m e n ts now on file, and the Court having further considered the presentation by c o u n s e l for the plaintiff given in open Court, the Court hereby makes the following fin d in g s of fact and conclusions of law: F IN D IN G S OF FACT 1. 2. 3. T h e defendants are wholly in default. T h a t the allegations set forth in plaintiff's complaint are proven true. T h a t the mortgaged premises are described as follows: T h e South 60 feet of Lots 1 and 2, Block 5, W e s t Lawn A d d itio n according to the recorded plat thereof. Said land b e in g in the City of Racine, Racine County, W is c o n s in . S tre e t Address: 704 Monroe Avenue Racine, W is c o n s in , 53405

4.

T h a t notice of the pendency of this action was duly given on July 23,

2 0 0 9 by filing a lis pendens in the office of the Register of Deeds for Racine County, W is c o n s in . This was done in the manner and form required by law, after the filing o f the complaint herein, and more than twenty (20) days prior to the trial or other re s o lu tio n of this action. 5. T h a t there is now due to the United States the following sums: Principal Balance A c c ru e d Interest to 12/21/09 S e r vic e fee (monthly fee) M IP (insurance) L is Pendens fees T itle Search fees 6. $ 7 6 ,0 0 0 .7 4 $ 4 6 ,6 8 1 .8 3 $ 4,590.00 $ 6,232.46 $ 11.00 $ 65.00

T h a t no other proceedings have been held at law or otherwise for the

re c o v e ry of the sum secured by the promissory notes and mortgages. C O N C L U S I O N S OF LAW 1. T h a t the plaintiff is entitled to judgment of foreclosure of the secured

p re m ise s in the usual form as prayed for in plaintiff's complaint in accordance with th e above findings of fact. 2. T h a t 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 b a rre d and foreclosed of all right, title, interest, claim and equity of redemption in and to the lands and premises or any part, parcel, or portion thereof.

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3.

T h a t the defendants shall be granted a two (2) month period of

re d e m p tio n from the date when judgment is entered. 4. T h a t the subject premises be sold at public sale, and the sale shall be

c o n d u c ted by or under the direction of the United States Marshal for the Eastern D is tric t of W is c o n s in . IT IS THEREFORE ORDERED that foreclosure of said mortgage in the usual fo rm as provided by and in accordance with the above Findings of Fact and C o n c lu s io n s of Law be entered in this action. D a te d at Milwaukee, W is c o n s in , this 29th day of December, 2009. BY THE COURT:

J .P . Stadtmueller U .S . District Judge

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