United States of America v. Peterson, Lynn et al

Filing 19

Findings of Fact and Conclusions of Law. Signed by District Judge James D. Peterson on 4/11/2017. (arw)

INTHE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

UNITED STATES OF AMERICA,
Plaintiff,
Case No. 16-cv-777-jdp

V.

LYNN ANN PETERSON,
and RODNEY A. PETERSON,
Defendants.

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 April 11, 2017, 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 Defendants herein, except as may be noted on the record; the Clerk of
the United States District Court for the Western District of Wisconsin having duly
entered the default of Defendants Lynn Ann Peterson and Rodney A. Peterson, and the
Plaintiff having filed a Notice of Application for Default and Motion for Default
Judgment, with accompanying Declarations; and it further appearing that due notice of
application and motion for judgment has been made to the Defendants, and the Court

having heard the matter, 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 Mortgage as of April 11,

2017, the following sums: See Attachment A
3.

The remaining chattel secured by the promissory notes and security

agreement held by Plaintiff is described in Attachment B attached hereto.
4.

The mortgaged premises are described as follows:

The Northeast Quarter of the Northwest Quarter (NE 1/ 4
NW 1/ 4), Section Thirty-three (33), Township Thirty-six (36)
North, Range Three (3) East, Town of Knox, Price County,
Wisconsin.
Tax ID No.: 50-024-4-36-03-33-2 01-000-10000
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.

The Defendants have not served an Answer or other response and the

Clerk of Court has duly entered the default of said Defendants.
7.

Notice of the pendency of this action was duly given on November 30,

2016, after the filing of the Complaint herein, by filing a Notice of Lis Pendens in the
office of the Register of Deeds for Price County, Wisconsin. This was done in the

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manner 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.
8.

No other proceedings have been held at law or otherwise for the

recovery of the sum secured by the promissory notes, security agreement, financing
statement, and mortgage.
9.

Plaintiff is entitled to immediate possession of the items of security on

which the Farm Service Agency has a security interest, set out in the Complaint on file
herein, as listed in Attachment B.
CONCLUSIONS OF LAW
1.

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

premises and secured chattel 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 Defendants the following sum: See

Attachment A.
3.

Plaintiff is entitled to immediate possession of the items of security

remaining in possession of the Defendants Lynn Ann Peterson and Rodney A. Peterson,
set out in Attachment B and in the Complaint on file herein.
4.

The items of security may be sold individually or as a whole at a public or

private sale, and the sale shall be conducted by or under the direction of the United
States Marshal for the Western District of Wisconsin or the United States Department of
Agriculture's Farm Service Agency.

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5.

That if necessary to secure possession of the chattel and premises, the

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

The Defendants and all persons claiming under them. 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 chattel and
mortgaged premises.
7.

The mortgaged premises shall be sold as a whole.

8.

The Defendants shall not be granted a right of redemption.

9.

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 Price County Review, a newspaper published in the City of
Phillips, Price County, Wisconsin.
10.

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

Defendant Lynn Ann Peterson and Rodney A. Peterson's debt to the United States as
set forth in Attachment A, plus necessary costs and disbursements.
11.

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

subject to further order of the Court.
12.

Deficiency judgment is not being sought in this action.

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•

Now, on application of Plaintiff United States of America,
IT IS THEREFORE ORDERED that foreclosure of said mortgage and security
agreement 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

/ (flf day of

;f/JP/V

, 2017.

BY THE COURT:

JgfP~!United States District Judge

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