United States of America v. Flanagan, Bethany et al

Filing 20

JUDGMENT of Foreclosure and Sale. (WMC /PAO). Signed by District Judge William M. Conley on 10/9/2014. (voc)

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

UNITED STATES OF AMERICA,
Plaintiff,
v.

Case No. 14-cv-242-wmc

BETHANY M. FLANAGAN, et al.
Defendants.

JUDGMENT OF FORECLOSURE AND SALE

The Defendants, Bethany M. Flanagan, Richard A. Baebler, Capital One Bank
USA, and Tri County Dairy Supply, Inc., having failed to appear, plead, or otherwise
defend in this action, and default having been entered on September 15, 2014, and
counsel for Plaintiff United States of America having requested judgment against the
defaulted Defendants and having filed a proper motion and declarations in accordance
with Fed. R. Civ. P. 55(a) and (b);
Judgment is hereby entered in favor of Plaintiff and against Defendants as
follows:
1.

There is now due and owing to Plaintiff as of and including the 8th day of

October, 2014, the following sum: See Attachment A.
2.

Plaintiff is entitled to judgment of Foreclosure and Sale in the usual form

on the mortgaged premises, located in Green County, Wisconsin, and described more
specifically as:

Lot Two (2) of Certified Survey Map No. 4382 recorded in Vol.
18 of Certified Survey Maps of Green County on Page 70 in the
office of the Register of Deeds for Green County, Wisconsin.
Tax Parcel No. 23-002-484.0000
3.

The mortgaged premises shall be sold as a whole at public auction in the

County of Barron, State of Wisconsin, by or under the direction of the United States
Marshal for the Western District of Wisconsin.
4.

Defendants and each of them, their heirs, successors and assigns, and all

persons claiming under them or either of them after the filing of notice of the pendency
of this action, be forever barred and foreclosed of all right, title, interest, and equity of
redemption in said mortgaged premises.
5.

In case of sale pursuant hereto:
a)

the United States Marshal shall give public notice of the time and

place of the sale as required by law, and that notice of the sale be published in
The Monroe Times, a newspaper published in the City of Monroe, Green County,
Wisconsin;
b)

the United States Marshal shall allow any of the parties to this

action to purchase at the sale the above-described premises;
c)

the United States Marshal shall file with the Clerk of this Court his

report of the sale, and shall also immediately after the sale deposit the proceeds
thereof, after deducting the costs and expenses of the sale unless otherwise
ordered by the Court;

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d)

the United States Marshal may accept from the purchaser at such

sale, as a deposit or down payment upon the same, not less than ten percent
(10%) of the purchase price, in which case such amount shall be deposited as
above provided, and the balance of the sale price shall be paid to the United
States Marshals' Service by the purchaser at the sale, upon confirmation thereof,
except that if Plaintiff is the successful bidder at the sale, the United States
Marshal may take the receipt of Plaintiff in lieu of cash payment;
e)

the United Marshal, upon compliance on the part of the purchaser

with the terms of the sale as required by law, shall make and execute to the
purchaser a deed to the premises so sold, as above described, stating the price
paid therefor;

f)

the United States Marshal shall deliver the deed to the purchaser,

upon compliance by the purchaser with the terms of the sale, and the payment
by him of any balance of the sale price to be paid;
g)

the United States Marshal shall thereupon pay from the proceeds of

the sale all claims superior to Plaintiff as determined by the Court, and to
Plaintiff, the amount of said judgment, together with interest from the date of
judgment on all of said sums, as set forth in 28 U.S.C. § 1961(a), from the date
hereof, or so much thereof as the monies derived from the sale of the premises
will pay the same, and take receipts therefor; and
h)

the surplus money, if any, shall be subject to the further order of

the Court.

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6.

If the proceeds of such sale be insufficient to pay the amounts aforesaid,

the United States Marshal shall specify the amount of the deficiency in his report of sale.
Deficiency judgment is not being sought herein.
7.

Upon confirmation of sale of the mortgaged premises:
a)

the purchaser or purchasers, or his or their heirs, representatives or

assigns, be let into possession of the premises sold, upon production of the
Marshal's deed thereto or duly authenticated copy thereof;
b)

any of the parties to this action who may be in possession of the

premises, and every other person who since the filing of notice of the pendency
of this action has come into possession of the same or any part thereof under
them or either of them shall deliver to such grantee or grantees named in the
deed possession of the mortgaged premises, and
c)

a writ of assistance shall issue if necessary to secure such

possession.
8.

Plaintiff may pay any taxes or insurance premiums on the mortgaged

premises now due or which shall hereafter become due before the sale thereof and have
a lien on the premises for the amount so paid with interest as set forth in 28 U.S.C. §
1961(a); and that in the event any such payments are made, Plaintiff may obtain an
order at the foot of this judgment directing that the amounts so paid, with interest, be
likewise paid from the proceeds of the sale or redemption of the mortgaged premises.

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9.

Defendants and all persons claiming under them be and they are hereby

enjoined from committing waste upon the mortgaged premises and from doing any
other act that may impair the value of the same.
Dated this

'3 ~day of October, 2014.

Entered at Madison, Wisconsin, thisqd'h

day of October, 2014.

@/'~
R

PETER OPPENE
Clerk of Court
United States District Court

5

United States V. Bethany M. Flanagan, et al.

Case No. 14-cv-242-wmc
ATTACHMENT A

Notes and Mortgages

a.

Principal as of October 8, 2014

$ 358,936.06

b.

Interest as of October 8, 2014

$ 41,230.65

Total as of October 8, 2014

$ 400,166.71

Costs and Disbursements
c.

d.

United States Marshals Fees

$

544.60

Filing of Notice of Lis Pendens

$

30.00

$

574.60

Total Costs & Disbursements

TOTAL AS OF OCTOBER 8, 2014

$ 400.741.31