United States of America v. Meisegeier et al

Filing 37

ORDER that the sale of the mortgaged premises involved in the above action to Cliff and Lynnette Brown, for the sum of $172,000.00, and the United States Marshal's report of sale, are hereby in all things APPROVED AND CONFIRMED. Any party wishing to assert an interest in this surplus shall have FOURTEEN (14) DAYS FROM THE DATE OF THIS ORDER to file a written claim stating the amount, basis for the claim and, if applicable, any claimed priority. Any remaining surplus from the sale shall REVERT to Larry A. and Emily P. Meisegeier. Signed by District Judge William M. Conley on 3/18/15. (jef),(ps)

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

UNITED STATES OF AMERICA,
Plaintiff,
v.

Case No. 14-cv-65-wmc

LARRY A. MEISEGEIER,
EMILY B. MEISEGEIER,
WYMORE SEED AND FARM SUPPLY,
MARSHFIELD CLINIC,
DAVID KRUMREI & BONITA PERRY,
SHELDON CO-OP SERVICES, and
HERDSMAN FEEDS, INC.,
Defendants.

ORDER CONFIRMING SALE
AND NOTICE OF SURPLUS
The report of the United States Marshal for the Western District of Wisconsin
(dkt. #35), who was appointed by the judgment entered in the above action to make sale
of the premises described in that judgment (dkt. #25), confirms that: (1) due notice of
the application to confirm the report and sale was given by mail to all parties or their
authorized representatives; (2) the United States Marshal in making the sale has
complied with the judgment of foreclosure entered in this case and with the applicable
statutes; and (3) the monies from the sale were sufficient to pay the whole amount
awarded to the plaintiff, United States of America, together with interest and costs.

Now, therefore, on notice of application of Barbara L. Oswald, Assistant United
States Attorney, Office of the United States Attorney for the Western District of
Wisconsin, attorney for the plaintiff, and consistent with the hearing on that notice
today,
IT IS ORDERED:
1.

That the sale of the mortgaged premises involved in the above action to

Cliff and Lynnette Brown, for the sum of $172,000.00, and the United States Marshal’s
report of sale, are hereby in all things APPROVED AND CONFIRMED.
2.

That upon the entry and filing of this Order with the Clerk of the

United States District Court for the Western District of Wisconsin, and upon the
payment of the balance due to the United States Marshal, the United States Marshal
SHALL DELIVER the Deed for the premises involved in this action to:
Cliff and Lynnette Brown
N6557 State Road 40
Bruce, WI 54819-9592
3.

That the United States Marshal’s costs are as follows:
(a)
(b)

Fee
Mileage

$325.00
$138.88

TOTAL EXPENSES

$463.88

These expenses owed to the United States Marshal’s Service are to be paid from the
proceeds of the sale.
4.

That the United States Attorney’s costs are as follows:
(b)
(c)

Filing Fee
Publishing Fee

$ 30.00
$202.40
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TOTAL EXPENSES

$232.40

These expenses owed to the United States Attorney’s Office are also to be paid by the
United States Marshal from the proceeds of the sale.
5.

That the real estate transfer fee for recording the United States Marshal’s

Deed for the property is $516.00. A check for this amount, payable to the Rusk County
Register of Deeds, should be mailed by the United States Marshal to the purchaser
listed in paragraph 2 above, along with the United States Marshal’s Deed.
6.

Finally, to the extent not already accomplished, the United States Marshal

shall satisfy the judgment of $126,668.53 entered on October 2, 2014, and interest from
date of judgment to March 18, 2015 totaling $57.95 from the proceeds of the sale.
7.

After paying the judgment, interest and costs approved by this court from

the proceeds of sale as set forth above, a current surplus in the amount of $44,061.24
after sale is DECLARED, which sum shall be deposited by the United States Marshal
with the Clerk of Court for the Western District of Wisconsin pending further order of
this court.
8.

The clerk’s office is directed to provide a copy of this order and notice to

all parties and counsel of record.
9.

Any party wishing to assert an interest in this surplus shall have

FOURTEEN (14) DAYS FROM THE DATE OF THIS ORDER to file a written claim
stating the amount, basis for the claim and, if applicable, any claimed priority. The

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court will hold an additional hearing on those claims, if necessary, and direct the
Marshal as to satisfaction of any approved claim from the surplus.
10.

Any remaining surplus from the sale shall REVERT to Larry A. and

Emily P. Meisegeier.
Entered this 18th day of March, 2015.
BY THE COURT:
/s/ William M. Conley
________________________________
WILLIAM M. CONLEY
United States District Judge
Western District of Wisconsin

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