PNC Bank NA v. Schmidt Roofing of Kewaskum WI Inc et al

Filing 73

ORDER signed by Judge Pamela Pepper on 12/3/2018. Surplus proceeds of judicial sale of real estate in this case to remain deposited with US Treasurer or designated depository under 28 USC §2041. Proceeds to be held consistent with procedures set forth in 28 USC §§2041, 2042. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

PNC BANK, N.A.,
Plaintiff,
v.

Case No. 14-cv-832-pp

SCHMIDT ROOFING OF
KEWASKUM, WI, INC., et al.,
Defendants.
ORDER REGARDING DISTRIBUTION OF SURPLUS PROCEEDS

The court confirmed the judicial sale of real estate in this foreclosure
case on March 16, 2017, dkt. no. 67, and, on March 9, 2018, ordered the
plaintiff to file a motion asking the court to distribute the balance of the sale
proceeds, dkt. no. 68. In response to the court’s order, the plaintiff filed a
motion for an order directing that the surplus funds remain deposited with the
Treasurer of the United States or designated depository under 28 U.S.C. §2041.
Dkt. No. 69. The plaintiff explained that it had been unable to contact the
defendants during the pendency of the litigation and that it had served all
parties with the complaint and a copy of its motion. Id. at 2. No junior
lienholders or any parties have filed a claim to the surplus funds. Id. at 3.
The court ORDERS that the surplus proceeds shall remain deposited
with the U.S. Treasurer or designated depository in the name and to the credit

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of the court under 28 U.S.C. §2041. The surplus proceeds shall be held
consistent with the procedures set forth in 28 U.S.C. §§2041 and 2042.
Dated in Milwaukee, Wisconsin this 3rd day of December, 2018.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
United States District Judge

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