United States of America v. Hagen, Lindsi et al

Filing 20

JUDGMENT OF FORECLOSURE AND SALE. Signed by District Judge Barbara B. Crabb on 6/17/15. ( PAO). (jat)

Case: 3:15-cv-00076-bbc Document#: 15 Filed: 06/08/15 Page 1 of 6

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

UNITED STA TES OF AMERICA,
Plaintiff,

v.

Case No. 2015-cv-76-bbc

LINDSI E. HAGEN, NATIONAL
COLLEGIATE STUDENT LOAN
TRUST 2006-2, NATIONAL COLLEGIATE
STUDENTLOAN TRUST 2007-2,
NATIONAL COLLEGIATE STUDENT
LOAN TRUST 2005-1, PRESTON SALES
& SERVICE, and MILE BLUFF CLINIC,
LLP,
Defendants.

JUDGMENT OF FORECLOSURE AND SALE

The Defendants, Lindsi E. Hagen, National Collegiate Student Loan Trust 2006-2,
National Collegiate Student Loan Trust 2007-2, National Collegiate Student Loan Trust
2005-1, Preston Sales & Service, and Mile Bluff Clinic, LLP, having failed to appear,
plead, or otherwise defend in this action, and default having been entered on May 6,
2015, 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:

Case: 3:15-cv-00076-bbc Document#: 15 Filed: 06/08/15 Page 2 of 6

1.

There is now due and owing to Plaintiff as of and including the 17th day

of June, 2015, 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 Juneau County, Wisconsin, and described more
specifically as:
A part of the West One-Half of the Northwest Quarter (Wl/2NWl/ 4) of Section Twenty-Seven (27), Township Fifteen (15)
North, Range Three (3) East, Town of Lindina, Juneau County,
Wisconsin; Commencing at the Northwest comer of said Section
Twenty-Seven (27); thence along a line bearing South 38°39'30"
East, 524.13 feet to a point in the centerline of a town road known
as Cheese Factory Road, being the point of beginning; thence along
the centerline of Cheese Factory Road bearing South 37°48'00" East,
399.04 feet; thence continued along the centerline of Cheese Factory
Road now bearing South 38°08'20" East, 195.71 feet; thence
continued along the centerline of Cheese Factory Road on a
variable radius curve to the left, its chord bearing South 48°57' 45"
East, 297.38 feet; thence continued along the centerline of Cheese
Factory Road now bearing South 57°20' 40" East, 504.21 feet, to a
point in the centerline of County Highway "G"; thence along the
centerline of County Highway "G" on a variable radius curve to the
left, its chord bearing South 67°40'00" West, 132.13 feet; thence
along a line bearing North 63°28'50" West, 553.52 feet; thence
bearing South 66°33'55" West, 176.96 feet; thence bearing South
74°05'20" West, 255.26 feet; thence bearing South 47°02'00" West,
27.48 feet; thence bearing North 01°59'10" East, 899.31 feet, to the
point of beginning; EXCEPT Lot One (1) of Certified Survey Map
No. 3653 recorded in Volume 16 of Surveys, Page 38 as Document
No 649523, in the Northwest Quarter of the Northwest Quarter
(NW-NW) and part of the Southwest Quarter of the Northwest
Quarter (SW-NW) of Section Twenty-Seven (27), Township Fifteen
(15) North, Range Three (3) East, Town of Lindina, Juneau County,
Wisconsin.

2

Case: 3:15-cv-00076-bbc Document#: 15 Filed: 06/08/15 Page 3 of 6

3.

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

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

The Defendants, 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 Juneau County Star Times, a newspaper published in the City of Mauston,
Juneau 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;
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
3

Case: 3:15-cv-00076-bbc Document#: 15 Filed: 06/08/15 Page 4 of 6

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

e)

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.
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:

4

Case: 3:15-cv-00076-bbc Document#: 15 Filed: 06/08/15 Page 5 of 6

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.
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.

5

Case: 3:15-cv-00076-bbc Document#: 15 Filed: 06/08/15 Page 6 of 6

Dated this 11~ day of U'' ~c..._

2015.
BY THE COURT:

'fJd.. <L<....L.. "°" ..

4.

.,ei (!.

1

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BARBARA B. CRABB

United States District Judge
Western District of Wisconsin
Entered at Madison, Wisconsin, this~ day of

~

. 2015.

flh,,y of'r?~
PETER OPPENtER
Clerk of Court
United States District Court

6

Case: 3:15-cv-00076-bbc Document#: 15-1 Filed: 06/08/15 Page 1of1

United States v. Lindsi E. Hagen, et al.
Case No. 15-cv-76-bbc
AITACHMENT A

Notes and Mortgages

a.

Principal as of June 17, 2015

$ 214,490.67

b.

Interest as of June 17, 2015

$ 63,482.89

Total as of June 17, 2015

$ 277 .973.56

Costs and Disbursements
c.

Filing of Notice of Lis Pendens
Total Costs & Disbursements

TOT AL AS OF JUNE 17, 2015

$

30.00
30.00

$ 278.003.56