United States of America v. Brutscher, Margery

Filing 18

Findings of Fact and Conclusions of Law. Signed by District Judge James D. Peterson on 3/27/2015. (kwf)

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

UNITED STATES OF AMERICA,
Plaintiff,
Case No. 14-cv-716-jdp
v.

MARGERY BETH BRUTSCHER,
Defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The above-captioned matter having come before the Court to be heard,
Honorable James D. Peterson, United States District Judge for the Western District of
Wisconsin, presiding without a jury, on March 17, 2015, the Plaintiff, United States of
America ("Plaintiff"), having appeared by its attorney, the Office of the United States
Attorney for the Western District of Wisconsin, and no appearance having been made
on behalf of the Defendant herein except as may be noted on the record; and it
appearing by the Declaration of Barbara L. Oswald, Assistant United States Attorney,
Office of the United States Attorney, on file herein, that Defendant is in default; and it
further appearing that due notice of the Application for Judgment by Default has been
made to the Defendant, and that a Certificate of Service was filed with the Clerk of the
United States District Court for the Western District of Wisconsin; and the Court having
heard arguments from Plaintiff's counsel, therefore makes and files the following
Findings of Fact and Conclusions of Law constituting its decision in this action.

FINDINGS OF FACT
1.

The allegations set forth in Plaintiff's complaint are proven true.

2.

There is now due and unpaid on all Notes and Mortgages as of March 17,

2015, the following 1?ums: See Attachment A.
3.

No proceedings have been had at law or otherwise for the recovery of the

sum secured by said Notes and Mortgages.
4.

The mortgaged premises are described as follows:
Lot 3 of Certified Survey Map No. 984, as recorded in the
Office of the Register of Deeds for Crawford County,
Wisconsin on December 31, 2002 in volume 8 of Certified
Survey Maps, pages 38-38A as Document No. 278611,
Village of Gays Mills and in the Town of Clayton, Crawford
County, Wisconsin.
Formerly described as Lot 3 of Certified Survey Map No.
928, as recorded in the office of the Register of Deeds for
Crawford County, Wisconsin on August 22, 2001 in Volume
7 of Certified Survey Maps, page 102, as Document No.
271329, Town of Clayton, Crawford County, Wisconsin,
(Tax Parcel No. 12-004-0679-0003)

5.

The real estate is so situated that it cannot be sold in parcels without

injury to the interest of the parties, and a sale of the whole will be more beneficial to the
parties hereto .
6.

Notice of the pendency of this action was duly given on October 29, 2014,

after the filing of the Complaint herein, by filing a Notice of Lis Pendens in the office of
the Register of Deeds for Crawford County, Wisconsin. This was done in the manner

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and form required by law, after the filing of the complaint herein, and more than
twenty (20) days prior to the trial or other resolution of this action.
7.

The Defendant has not served an Answer or other response and the

Clerk of Court has duly entered the default of said Defendant.
CONCLUSIONS OF LAW
1.

Plaintiff is entitled to judgment of foreclosure and sale of the mortgaged

premises in the usual form, as requested in Plaintiff's Complaint, and in accordance
with the above Findings of Fact.
2.

Plaintiff is entitled to recover from the Defendant the following sum: See

Attachment A.
3.

The Defendant subsequent to the filing of the notice of the pendency of

this action be and hereby are forever barred and foreclosed of all right, title, interest,
claim and equity of redemption in the mortgaged premises.
4.

The mortgaged premises shall be sold as a whole.

5.

That if necessary to secure possession of the premises, the Clerk of Court,

upon application by Plaintiff, shall issue a Writ of Assistance.
6.

The Defendant shall not be granted a right of redemption.

7.

Sale of the premises shall be conducted by or under the direction of the

United States Marshal for the Western District of Wisconsin. Notice of the sale shall be
made by publication in The Crawford County Independent, the newspaper published
in the City of Gays Mills, Crawford County, Wisconsin.

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8.

Proceeds from the sale of the subject premises shall be paid first to satisfy

Defendant's debt to the United States as set forth in Attachment A, plus necessary costs
and disbursements.
9.

Any remaining proceeds from the sale of the subject premises shall be

subject to further order of the Court.
10.

Deficiency judgment is not being sought in this action.

Now, on application of Plaintiff United States of America,
IT IS THEREFORE ORDERED that foreclosure of said mortgage in the usual
form as provided by and in accordance with the above Findings of Fact and
Conclusions of Law be entered in this action.
Dated this

2771fday of AtMUlf

2015.

BY THE COURT:

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United States v. Margen; Beth Brn.tscher
Case No. 14-cv-716-jdp
ATIACHMENT A

Notes and Mortgages

a.

Principal as of March 17, 2015

$163,105.00

b.

Interest as of March 17, 2015

$ 22,721.48

Total as of March 17, 2015

$185,826.48

Costs and DisbUisements
c.

Filing of Notice of Lis Pendens
Total Costs & Disbursements

TOTAL AS OF MARCH 17, 2015

$

30.00

$

30.00

$185,856.48