United States of America v. Peterson, Lynn et al

Filing 20

JUDGMENT OF FORECLOSURE AND SALE. (JDP/PAO) (arw)

IN THE 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.

JUDGMENT OF FORECLOSURE AND SALE

The Defendants, Lynn Ann Peterson and Rodney A. Peterson, having failed to
appear, plead, or otherwise defend in this action, and default having been entered on
March 6, 2017, 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:
Real Estate

1.

There is now due and owing to Plaintiff as of and including April 11, 2017,

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 Price County, Wisconsin, and described more
specifically as:

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
3.

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

County of Price, 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 Price County Review, a newspaper published in the City of Phillips, Price
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;

2

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, within thirty (30) days of
the date of sale, 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 States Marshal, upon compliance on the part of the

purchaser with the terms of the sale as required by law, and upon confirmation
of the sale by the Court, 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, and upon confirmation of the
sale by the Court;
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

3

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:
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.

4

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.
Chattel

10.

There is now due and owing to Plaintiff as of and including April 11, 2017,

the following sums: See Attachment A.
11.

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

which the Farm Service Agency has a first security interest, as set forth in Attachment B.
12.

Plaintiff may exercise its rig~t to have execution issued and require the

United States Marshal to take possession of the items of security listed in Attachment B,
and deliver the items of security to Plaintiff, and a writ of execution shall issue if
necessary to secure such possession.
13.

These items of security, described in Attachment B, may be sold

individually or as a whole at public sale or private sale by or under the direction of the
United States Marshal or the Farm Service Agency.
14.

If these items of security, described in Attachment B, are sold, the United

States shall deposit the proceeds thereof, after deducting the costs and expenses of the
sale, and unless otherwise ordered by the Court, the United States shall thereupon pay
from the proceeds of the sale all claims superior to Plaintiff as determined by the Court
and to Plaintiff the sums set forth in Attachment A, the amount of the judgment,
together with interest on all sums at the rate set forth in 28 U.S.C. § 1961(a) from the
date of the Judgment, or so much thereof as the monies derived from the sale of the

5

items of security will pay, and take receipts therefor; that the surplus money, if any,
shall be subject to further order of the Court.
15.

If the proceeds from the sale of the items of security, together with the

proceeds from the sale of the real estate, are insufficient to pay the amounts set forth
above, then the United States may report the amount of the deficiency to the Court.
Deficiency judgment is not being sought in this action.
16.

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

persons claiming under them or either of them, be forever barred and foreclosed of all
right, title, interest, and equity of redemption in said mortgaged collateral.
17.

Defendants and all persons claiming under them or either of them, are

hereby enjoined from doing any act that may impair the value of the mortgaged
collateral.
Dated this_/l_fJ_~ay of _M_~_l_t._

_, 2017.
BY THE COURT:

~D-~
ESD. PETERSON
United States District Judge
Western District of Wisconsin

Entered at Madison, Wisconsin, this

lj-fl,

day of

~

,2017.

Pg,lo~Ne~
Clerk of Court
United States District Court

6