Bank of America, N.A. v. Martinson et al

Filing 138

Transmission of Notice of Appeal, Docketing Statement, Appeal Information Sheet, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 137 Notice of Appeal. (Attachments: # 1 Info sheet, # 2 Docketing Statement, # 3 Judgment, # 4 Docket Sheet) (elc),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

BANK OF AMERICA, N.A.,
Plaintiff,

JUDGMENT

V.

10-cv-10-wmc
DAWN R. MARTINSON,
UNKNOWN SPOUSE OF DAWN R. MARTINSON,
also known as Carl Green,
UNKNOWN TENANTS, ADVANTAGE
EMPLOYMENT SERVICES LLC, REX
A. MAGNUSON, and DONNA R. STABS,
Defendants.

This action came for consideration before the court with District Judge
William M. Conley presiding. The issues have been considered and a decision has
been rendered.

IT IS ORDERED AND ADJUDGED that judgment is entered in favor of plaintiff:
1.

That all of the material allegations of the plaintiff's complaint are proven
and true.

2.

That the following amounts are due to the plaintiff under the terms of the
note and mortgage:
Unpaid Principal Balance
Accrued Interest
Late Charges
Escrow Advances -Taxes
Escrow Advances - Insurance
MIP/PMI Advances
Service Costs
Title Costs
Filing Fees
Lis Pendens·
Total

3.

$488,374.25
$129,259.01
$279.80
$65,549.76
$10,981.09
$12,380.16
$543.35
$375.00
$265.50
$20.00
$708,027.92

That this award does not preclude plaintiff from seeking other sums
advanced by plaintiff post-judgment for insurance, attorney fees, necessary
repairs, taxes and other taxable costs not included in the judgment at any time
on or before confirmation of sale upon the petition of the plaintiff's attorney.

4.

That the mortgaged premises are described as follow:

THAT PART OF THE PIECE OR PARCEL OF LAND BEING PART OF SOUTHWEST
QUARTER (SW 1/4) OF SECTION SIXTEEN (16), TOWNSHIP FORTY-NINE (49)
RANGE FOURTEEN (14), DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS THE SOUTHWEST CORNER OF SAID
SECTION AND RUNNING THENCE EASTERLY ALONG THE SOUTH LINE OF
SAID SECTION 1822.6 FEET TO THE WEST LINE OF RIGHT-OF-WAY OF THE
MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILWAY COMPANY,
THENCE NORTHERLY ALONG SAID WEST LINE OF RIGHT-OF-WAY 1200 FEET,
THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF SAID SECTION TO
THE GOVERNMENT MEANDER LINE ON THE EAST SIDE OF ST. LOUIS RIVER,
THENCE SOUTHWESTERLY ALONG SAID MEANDER LINE TO THE WEST LINE
OF SAID SECTION, THENCE SOUTH TO THE PLACE OF BEGINNING, WITH
RIPARIAN RIGHTS BELONGING AND APPURTENANT THERETO.
EXCEPT PARTS CONVEYED IN 235 OF DEEDS PAGE 27 DESOUBED AS
FOLLOWS: THOSE PORTIONS OF SECTION SIXTEEN (16), TOWNSHIP
FORTY-NINE (49), RANGE FOURTEEN (14), DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION SIXTEEN(16),
THENCE EAST 1822.6 FEET ALONG THE SOUTH LINE OF SAID SECTION TO
THE WEST LINE OF THE RIGHT OF WAY OF MPLS, ST. PAUL ANDS. STE.
MARIE RY.; THENCE NORTHERLY ALONG SAID WEST LINE OF SAID RIGHT OF
WAY 29.84 FEET; THENCE WESTERLY ALONG THE NORTH LINE OF BELKNAP
STREET IN THE CITY OF SUPERIOR, WISCONSIN, 501.42 FEET; THENCE
NORTHERLY 296.9 FEET ON ALINE AT AN ANGLE TO THE RIGHT OF 96
DEGREES AND 45 MINUTES; THENCE NORTHWESTERLY 313.15 FEET ON A
LINE AT AN ANGLE TO THE LEFT OF 50 DEGREES; THENCE WESTERLY 110.4
FEET ON A LINE AT AN ANGLE TO THE LEFT OF 28 DEGREES TO THE PLACE
OF BEGINNING; THENCE SOUTHWESTERLY 249.1 FEET ON ALINE AT AN
ANGLE TO THE LEFT OF 84 DEGREES AND 30 MINUTES; THENCE
NORTHWESTERLY ON A LINE AT AN ANGLE TO THE RIGHT OF 99 DEGREES
TO A POINT WHERE SAID LINE INTERSECTS THE EASTERLY SHORELINE OF
ST. LOUIS RIVER; THENCE NORTHWESTERLY, NORTHERLY AND
NORTHEASTERLY ALONG &\ID SHORELINE TO A POINT ON SAID SHORELINE
WHERE A LINE WHICH RUNS NORTHWESTERLY AT AN ANGLE TO THE LEFT
OF 77 DEGREES AND 30 MINUTES FROM SAID LINE THAT RUNS
SOUTHWESTERLY FROM THE PLACE OF BEGINNING, INTERSECTS SAID
SHORELINE; THENCE SOUTHEASTERLY ON AUNE THAT RUNS
NORTHWESTERLY AT AN ANGLE TO THE LEFT OF 77 DEGREES AND 30
MINUTES FROM SAID LINE THAT RUNS SOUTHWESTERLY FROM THE PLACE
OF BEGINNING, TO THE PLACE OF BEGINNING; AND ALSO THE FOLLOWING
DESCRIBED LAND IN SAID SECTION NOW UNDER WATER AND ABUTTING
SAID PREMISES, TO-WIT; BEGINNING AT A POINT ON SAID SHORELINE OF ST.
LOUIS RIVER WHERE THE NORTHERNMOST OF SAD ABOVE DESCRIBED
LINES THAT INTERSECTS SAID SHORELINE; THENCE NORTHWESTERLY ON A
STRAIGHT LINE WHICH IS AN EXTENSION OF SAID NORTHERNMOST OF

SAID ABOVE DESCRIBED LINES, 10 FEET; THENCE WESTERLY PARALLEL WITH
THE SOUTH LINE OF SAID SECTION TO THE ESTABLISHED DOO( LINE IN ST.
LOUIS RIVER; THENCE SOUTHERLY ON SAID DOCK LINE TO A POINT
WHEREON WHERE A LINE WHICH IS 100 FEET SOUTH OF AND PARALLEL TO
SAID ABOVE DESCRIBED LINE WHICH IS PARALLEL TO SAID SOUTH SECTION
LINE OF SAID SECTION, INTERSECTS SAID DOCK LINE; THENCE EASTERLY
ON A LINE WHICH IS 100 FEET SOUTH AND PARALLEL TO SAID
ABOVE-DESCRIBED LINE WHICH IS PARALLEL TO SAID SOUTH SECTION LINE
OF SAID SECTION TO A POINT THEREON WHERE A LINE WHICH IS AN
EXTENSION IN A STRAIGHT LINE OF THE SOUTHERNMOST OF THE ABOVE
DESCRIBED LINES THAT INTERSECTS SAID SHORELINE, INTERSECTS SAID
LINE; THENCE SOUTHEASTERLY ALONG AN EXfENSION IN A STRAIGHT LINE
OF THE SOUTHERNMOST OF THE ABOVE DESOUBED LINES THAT
INTERSECTS SAID SHORELINE AND ALONG THE SOUTHERNMOST OF THE
ABOVE DESCRIBED LINES THAT INTERSECTS SAID SHORELINE TO SAID
SHORELINE OF ST. LOUIS RIVER; THENCE NORTHWESTERLY, NORTHERLY
AND NORTHEASTERLY ALONG SAID SHORELINE TO THE PLACE OF
BEGINNING.
AND EXCEPT PARTS CONVEYED IN 238 OF DEEDS PAGE 203 DESOUBED S
FOLLOWS: A PIECE OR PARCEL OF LAND BEING A PART OF THE SOUTHWEST
QUARTER (SW 1/4) OF SECTION 16, TOWNSHIP 49, RANGE 14 DESCRIBED AS
FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SECTION
16 LOCATED 1390 FEET WEST OF THE WEST LINE OF THE RIGHT OF WAY OF
THE MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILWAY COMPANY
OVER SAID SOUTH LINE; THENCE NORTH AND PARALLEL WITH SAID WEST
RIGHT OF WAY LINE 174 FEET; THENCE WEST AND PARALLEL WITH THE
SOUGH LINE OF SAID SECTION TO THE WEST LINE OF SAID SECTION;
THENCE SOUTH ON THE WEST LINE OF SAID SECTION TO THE SOUTH LINE
OF SAID SECTION; THENCE EAST ON THE SOUTH LINE OF SAID SECTION TO
THE POINT OF BEGINNING, TOGETHER WITH THE RIPARIAN RIGHTS
BELONGING AND APPURTENANT THERETO.
AND EXCEPT PARTS CONVEYED IN 257 OF DEED PAGE 539 DESOUBED AS
FOLLOWS: A PIECE OR PARCEL OF LAND BEING A PART OF THE SOUTHWEST
QUARTER (SW 1/4) OF SECTION 16, TOWNSHIP 49, RANGE 14 DESCRIBED AS
FOLLOWS: COMMENCING AT A POINT ON THE SOUTH LINE OF SAID
SECTION 16, LOCATED 1390 FEET WEST OF THE WEST LINE OF THE RIGHT OF
WAY OF MINNEAPOLIS, S. PAUL AND SAULT STE. MARIE RAILWAY COMPANY
OVER SAID SOUTH LINE; THENCE NORTH AND PARALLEL WITH SAID WEST
RIGHT OF WAY LINE 17 4 FEET TO POINT OF BEGINNING, SAID POINT OF
BEGINNING BEING THE NORTHEAST CDRNER OF THE PARCEL OF LAND
CONVEYED IN THE DEED RECORDED IN BOOK 238 OF DEEDS, PAGE 203,
DOCUMENT NO. 418223 IN THE OFFICE OF THE REGISTER OF DEEDS,
DOUGLAS COUNTY, WISCONSIN; THENCE AT AN ANGLE TO THE LEFT OF 83
DEGREES, 45 MINUTES TO THE WEST LINE OF SAID SECTION 16, FORMING
THE SOUTH BOUNDARY OF SAID PARCEL; THENCE FROM THE POINT OF
BEGINNING AT AN ANGLE OF 42 DEGREES 43 MINUTES TO THE RIGHT FOR A

DISTANCE OF 110.0 FEET, THENCE AT AN ANGLE OF 100 DEGREES 00
MINUTES TO THE LEFT 222.4 FEET, THENCE WESTERLY ALONG A LINE
PARALLEL WITH THE SOUTH LINE OF SAID SECTION 16 TO THE WEST LINE
OF SAID SECTION 16, FORMING THE EAST AND NORTH BOUNDARIES
RESPECTIVELY, THE WEST BOUNDARY BEING THE WEST LINE OF SAID
SECTION 16; TOGETHER WITH THE RIPARIAN RIGHTS BELONGING AND
APPURTENANT THERETO, SAID PARCEL CONTAINING APPROXIMATELY 1 3/4
ACRES.
AND EXCEPT PARTS CONVEYED IN 257 DEEDS PAGE 620 DESCRIBED AS
FOLLOWS: A PIECE OR PARCEL OF LAND BEING A PART OF THE SOUTHWEST
QUARTER (SW 1/4) OF SECTION 16, TOWNSHIP 49, RANGE 14, DESCRIBED AS
FOLLOWS: COMMENCING AT A POINT ON THE SOUTH LINE OF SAID
SECTION 16, LOCATED 1390 FEET WEST OF THE WEST LINE OF THE RIGHT OF
WAY OF THE MINNEAPOLIS, ST. PAUL AND ST. STE. MARIE RAILWAY
COMPANY, OVER SAID SOUTH LINE; THENCE NORTH AND PARALLEL WITH
SAID WEST RIGHT OF WAY LINE A DISTANCE OF 17 4.0 FEET TO A POINT;
THENCE AT AN ANGLE TO THE RIGHT OF 42 DEGREES AND 43 MINUTES FOR
A DISTANCE OF 220.0 FEET ID THE POINT OF BEGINNING; THENCE AT AN
ANGLE TO THE LEFT OF 90 DEGREES A DISTANCE OF 220 FEET TO A POINT;
THENCE WEST ON A LINE PARALLEL TO THE SOUTH LINE OF SAID SECTION
16 TO THE WEST LINE OF SAID SECTION 16 FORMING THE SOUTH
BOUNDARY OF SAID PARCEL; THENCE FROM THE POINT OF BEGINNING ON
A LINE EXTENDED IN A NORTHEASTERLY DIRECTION A DISTANCE OF 214.4
FEET TO A POINT; THENCE NORTHWESTERLY AT AN ANGLE TO THE LEFT OF
99 DEGREES AND 29 MINUTES A DISTANCE OF 257.0 FEET TO A POINT;
THENCE WEST ON ALINE PARALLEL TO THE SOUTH LINE OF SAID SECTION
16 TO THE ESTABLISHED DOOC LINE IN THE ST. LOUIS RIVER, FORMING THE
EAST AND NORTH BOUNDARY OF SAID PARCEL; THE WEST AND PART OF
THE SOUTH BOUNDARY LINE OF SAID PARCEL BEING THE SAID DOCK LINE
AND THE NORTH LINE OF LOT 1, SECTION 17, TOWNSHIP49, RANGE 14, SAID
GRANTO RS, HOWEVER, RESERVING TO THEMSELYES, THEIR HEIRS AND
ASSIGNS ANY AND ALL RIPARIAN RIGHTS TO ALL OTHER LANDS IN SAID
SECTION WHICH ARE NOW UNDER WATER AND ABUT SAID ABOVE
DESCRIBED TRACTS OF LAND WHICH ARE NOT HEREINABOVE CONVEYED.
AND EXCEPT PARTS CONVEYED IN 265 DEEDS PAGE 239 DESCRIBED AS
FOLLOWS: A PIECE OR PARCEL OF LAND BEING A PART OF THE SOUTHWEST
QUARTER (SW 1/4) OF SECTION SIXTEEN (16), TOWNSHIP FORTY-NINE (49),
RANGE FOURTEEN (14), DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTH LINE OF SAID SECTION 16,
LOCATED 1390 FEET WEST OF THE WEST LINE OF THE RIGHT OF WAY OF
MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILWAY COMPANY OVER
SAID SOUTH LINE; THENCE NORTH AND PARALLEL WITH SAID WEST RIGHT
OF WAY LINE 174 FEET TO A POINT; THENCEAT AN ANGLE TO THE RIGHT OF
42 DEGREES 43 MINUTES FORA DISTANCE OF 110.0 FEET TO THE POINT OF
BEGINNING, BEING THE FURTHEST EAST CORNER OF THE PARCEL OF LAND
CONVEYED IN THE DEED RECORDED IN BOOK 257 OF DEEDS, PAGE 539,

DOCUMENT NO. 441391, IN THE OFFICE OF THE REGISTER OF DEEDS,
DOUGLAS COUNTY, WISCONSIN; THENCEAT AN ANGLE TO THE LEFT OF 100
DEGREES FOR A DISTANCE OF 222.4 FEET; THENCE WESTERLY ALONG A LINE
PARALLEL WITH THE SOUTH LINE OF SAID SECTION I 6 TO THE WEST LINE
OF SAID SECTION 16, FORMING THE SOUTH BOUNDARY OF SAID PARCEL;
THENCE FROM THE POINT OF BEGINNING A DISTANCE OF 110.0 FEET TO A
POINT; THENCE AT AN ANGLE TO THE LEFT OF 90 DEGREES FOR A DISTANCE
OF 220.0 FEET; THENCE WESTERLY ALONG A LINE PARALLEL WITH THE
SOUTH LINE OF SAID SECTION I 6 TO THE WEST LINE OF SAID SECTION 16,
FORMING THE EAST AND NORTH BOUNDARIES RESPECTIVELY, THE WEST
BOUNDARY BEING THE WEST LINE OF SAID SECTION 16, TOGETHER WITH
THE RIPARIAN RIGHTS BELONGING AND APPURTENANT THERETO, SAID
PARCEL CONTAINING APPROXIMATELY 1-2/3 ACRES.
AND EXCEPT THOSE PARCELS DESCRIBED IN CERTIFIED SURVEY MAP #47I
FILED IN VOLUME 3 OF CERTIFIED SURVEY MAPS PAGES 150-151. LYIN
SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT
THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED PARCEL, THENCE
COMMENCING NORTHERLY ON THE EASTERN BOlNDARY OF THE ABOVE
DESCRIBED PARCEL 210.00 FEET TO THE POINT OF BEGINNING; THENCE
DEFLECTING TO THE LEFT 42 DEGREES 24 MINUTES AND 44 SECONDS A
DISTANCE OF 550 FEET MORE OR LESS AND THERE TERMINATING AT THE
ST. LOUIS BAY, DOUGLAS COUNTY, WISCONSIN.
5.

That the mortgaged premises is not the homestead of the mortgagor and
cannot be sold in parcels without injury to the interests of the parties and the
described premises, unless sooner redeemed as provided by law, be sold at
public auction in Douglas County under the direction of the Sheriff at any time
after three months from the date of entry of judgment in the manner provided
by law for the amounts due the plaintiff.

6.

That after deducting the fees and expenses of sale, the proceeds of sale shall
first be applied to the amounts due plaintiff, together with interest per annum
at the current rate of 6.87500%, from the date of the hearing through the date
of confirmation of sheriff's sale, and that the surplus, if any, shall be paid to the
defendants in accordance with their rights.

7.

That after the sheriff sale, the sheriff shall make due report thereof to the
Court as provided by law, and the purchaser shall be deemed the owner of the
premises upon the signing of an order confirming the sale to said purchaser,
and all parties to this action or other persons securing possession after the date
the /is pendens was recorded shall deliver possession to said purchaser.

8.

That no deficiency judgment may be obtained against any defendant.

'•

9.

That all parties and all persons claiming under are enjoined from
committing waste upon the premises.

10.

That the plaintiff may take all necessary steps to secure and winterize the
subject property in the event it is abandoned by the defendants and becomes
unoccupied during the redemption period or until such time as this matter is
concluded.

11.

That this is a final judgment for purposes of appeal.

Approved as to form this

/;J.~day of November, 2013.

Peter Oppeneer, Oerk of Court

Date