United States of America v. Connors, Charles et al

Filing 31

JUDGMENT of Foreclosure and Sale entered in favor of Plaintiff United States of America. (BBC /PAO). (rep)

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

UNITED STATES OF AMERICA,
Plaintiff,
v.

IN RETHE ESTATE OF CHARLES
CONNORS (Deceased)
c/o Attorney Jennifer F. Valenti
P.O. Box 1111
Brookfield, WI 53008-1111
and
AMY E. REARDON
610 Third Street E
Ashland, WI 54806
UNKNOWN HEIRS AND DEVISEES OF
CHARLES E. CONNORS,
UNKNOWN OWNERS AND NONRECORD CLAIMANTS
DISCOVER BANK
c/o James E. Kachelski
Messerli & Kramer PA
3033 Campus Drive - Suite 250
Plymouth, MN 55441
RESURGENCE FINANCIAL LLC
c/o Attorney Robert 1. Dorf
6980 N. Port Washington Road - Suite 204
Milwaukee, WI 53217-3900

Case No. 14-cv-299-bbc

BAD RIVER BAND OF LAKE SUPERIOR
TRIBE OF CHIPPEWA INDIANS
c/o Attorney Erick J. Arnold
72682 Maple Street
P.O. Box 39
Odanah, WI 54861-0039,
Defendants.

AMENDED JUDGMENT OF FORECLOSURE AND SALE

The above action coming on to be heard on the 12th day of November, 2014, the
Office of the United States Attorney for the Western District of Wisconsin, appearing for
the plaintiff, United States of America ("Plaintiff"), and due proof having been made
and filed showing service of the Summons and Complaint herein on all of the
defendants, unless service of the summons was waived, in which case a signed waiver
form has been filed with the court for said defendants, and it appearing by the
declaration of Barbara L. Oswald, Assistant United States Attorney, Office of the United
States Attorney for the Western District of Wisconsin, that the time for answering the
Complaint has expired, that no answer or other response has been served upon or
received by Plaintiff's attorney from any of the Defendants, other than Discover Bank,
and that notice of application and motion for judgment was mailed to each of the
defendants herein, and a certificate of service by mail was filed with the Clerk of the
United States District Court for the Western District of Wisconsin; and it further
appearing by due proof that due notice of the pendency of this action was duly filed in
the Office of the Register of Deeds for Ashland County on April 24, 2014, said notice

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being filed subsequent

to the filing of the Complaint herein in the Office of the Clerk of

this Court, and more than twenty (20) days prior to the trial of this action; and proofs of
the matters and things alleged in the Complaint and the computation

of the amounts

due Plaintiff having been duly taken in open court, and the Court having filed its
Findings of Fact and Conclusions

of Law;

Now therefore, on application

of the Office of the United States Attorney for the

Western District of Wisconsin, attorney for Plaintiff,
1.

IT IS HEREBY ORDERED that there is now due and owing to

Plaintiff as of and including November 12, 2014, the following sums:
See Attachment
2.

A.

IT IS FURTHER ORDERED that the leasehold mortgaged

premises

located in the County of Portage, State of Wisconsin, and described more particularly
as:
Lot 56 of Aspen Acres Subdivision Phase II, located within S1/2SE1/4
Section 15, Township 47 North, Range 2 West, 4th P.M., Ashland
County, Wisconsin, containing .56 acres, more or less, subject to all
valid existing rights-of-way of record
shall be sold at public auction in the County or Ashland, State of Wisconsin, by or
under the direction of the United States Marshal for the Western District of Wisconsin,
only to the Secretary of the Department

of Housing and Urban Development,

or to a

purchaser

who has the written consent of the Bad River Band of Lake Superior Tribe of

Chippewa

Indians.

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much thereof as the monies derived from the sale of said premises will pay the same,
and take receipts therefore; and that the surplus money, if any, shall be subject to the
further order of the Court.
4.

IT IS FURTHER ORDERED that the proceeds from the sale of the

leasehold mortgaged property shall be applied as follows:
a. To the costs and expenses of the sale;
b. To the payment of the costs and disbursements

taxed in this

action;
c. In order of priority, toward the discharge of the debt adjudged
to by the Court to be due;
d. To pay the surplus, if any, into the Court for Defendant
Discover Bank and any other Defendant or other person entitled
to the surplus, subject to the order of the Court.
5.

IT IS FUTHER ORDERED that if the proceeds of such sale be

insufficient to pay the amounts aforesaid, said United States Marshal shall
specify the amount of said deficiency in his report of sale.
6.

IT IS FURTHER ORDERED that upon confirmation of sale of the

mortgaged premises, 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; that
each and everyone of the parties to this action who may be in possession of said
premises, and every other person who since the filing of notice of the pendency

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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 such
deed possession of the mortgaged premises, and that a writ of assistance issue if
necessary to secure such possession.
7.

IT IS FURTHER ORDERED that the defendants and each of them,

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Dated this

J~

'tay of November, 2014
BY THE COURT:

BARBARA B. CRABB
United States District Judge

Western District of Wisconsin

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Entered at Madison, Wisconsin, this ~day

of November, 2014.

~t~EJq~

Clerk of Court
United States District Court'
Western District of Wisconsin

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