United States of America v. Vinall-Mogel, Brenda et al

Filing 16

Findings of Fact and Conclusions of Law. Signed by District Judge James D. Peterson on 8/29/2017. (kwf)

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

UNITED STATES OF AMERICA,
Plaintiff,
Case No. 17-cv-389-jdp

V.

BRENDA L. VINALL-MOGEL,
and KEITH J. MOGEL,
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 August 29, 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 Brenda L. Vinall-Mogel and Keith J. Mogel, 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

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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 Mortgages as of August 29,

2017, the following sums: See Attachment A.
3.

The remaining chattel secured by the promissory notes and security

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

The mortgaged premises are described as follows:
The Southwest Quarter of the Southwest Quarter (SW-SW)
of Section Fourteen (14), Township Thirty-Eight (38) North,
Range Eighteen (18) West; EXCEPT the West 33 feet thereof;
ALSO EXCEPT the Highway Right-of-Way described in
Volume 564 of Records, Page 502. Town of Wood River,
Burnett County, Wisconsin.
And
The Northwest Quarter of the Southeast Quarter (NW-SE) of
Section Eleven (11), Township Thirty-Eight (38) North,
Range Eighteen (18) West, Town of Wood River, Burnett
County, Wisconsin.

5.

The real estate is so situated that it can be sold in parcels.

6.

The remaining chattel secured by the promissory notes and security

agreements is described in Attachment B attached hereto.
7.

Notice of the pendency of this action was duly given on May 25, 2017,

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

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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.

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

Clerk of Court has duly entered the default of said Defendants.
9.

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

recovery of the sum secured by the promissory notes, security agreements, continuation
statements, financing statements, and mortgages.
10.

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 Brenda L. Vinall-Mogel and Keith J. Mogel
set out in Attachment Band 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

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States Marshal for the Western District of Wisconsin or the United States Department of
Agriculture's Farm Service Agency.
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 two individual parcels.

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 Burnett County Sentinel, a newspaper published in the City
of Grantsburg, Burnett County, Wisconsin.
10.

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

Defendants Brenda L. Vinall-Mogel and Keith J. Mogel'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.

Now, on application of Plaintiff United States of America,

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IT IS THEREFORE ORDERED that foreclosure of said mortgages and security
agreements 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 J!f!!__day of

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2017.

BY THE COURT:

United States District Judge

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United States v. Brenda]. Vinall-Mogel, et al.
Case No. 17-cv-389-jdp
ATTACHMENT A

Notes and Mortgages

Principal as of August 29, 2017
b.

$201,242.66

Interest as of August 29, 2017

$ 15,908.25

Total as of August 29, 2017

$217,150.91

Costs and Disbursements
C.

Filing of Notice of Lis Pendens
Total Costs & Disbursements

TOTALASOFAUGUST 29, 2017

$

35.00

$

35.00

$217.185.91

ATTACHMENT B
UNITED STATES OF AMERICA V. BRENDAL. VINALL-MOGEL, et al.
Case Number 17-cv-389-jdp
LIST OF ITEMS OF SECURITY
A. All crops, annual and perennial, and other plant or farm products now planted,
growing or grown, or harvested or which were planted by Brenda L. VinallMogel or Keith J. Mogel in Burnett County, Wisconsin, after the Security
Agreement was executed on September 21, 2009, or otherwise become growing
or harvested crops or other plant products (1) within the one-year period or any
longer period of years permissible under State law, or (2) at any time after the
Security Agreement was executed on September 21, 2009, if no fixed maximum
period is prescribed by State law, including crops and plant products now
planted, to be planted or harvested by Brenda L. Vinall-Mogel or Keith J. Mogel
in Burnett County, Wisconsin.

B. All farm and other equipment (except small tools and small equipment such as
hand tools, power lawn mowers and other items of like type unless described
below), and inventory, now owned or hereafter acquired by Defendants Brenda
L. Vinall-Mogel or Keith J. Mogel, together with all replacements, substitutions,
additions, and accessions thereto, including but not limited to the following:
ITE
M
NO.
1
2
3
4

QT

1
1
1
1

5
6
7
8

1
1
1
1

9
10
11
12
13

2
1
1
1
1

y

DESCRIPTIO
N

Drill
Roto-Tiller
Hay Rake
Tractor w/
loader
Baler
Disc
Plow
Manure
Spreader
Hay Wagons
Drag
Haybine
Trailer
Truck

MANUFACTURE
R

SIZE AND
TYPE

John Deere
Troy Built
Pollard
IH-Farmall

9"
Big Red
5 Wheel
460/WFGas

New Holland
John Deere
John Deere
Spreadmaster

268/Chute
10'
110Bu

Flexible
New Holland
Hale Mfg.
Ford

4 Sec/ Evene
489
2 Horse
F150

SERIAL OR
MODEL NO.

14

1

15
16
17
18
19
20

20
30
20
1
10
1

21
22

1
1

23
24
25
26

2
1
1
1

27

Tractor

IH-Farmall

Hog Panels
Jug Panels
Ewe Feeders
Scale
Sorting Gate
Sheep Head
Gate
Rd Baler
Tractor/ Loader

Wooden Feeders
Misc.
Platform
Wooden

Gehl
Farm Trac

1

Bale Spear
Brush Hog
Gravity Box
Baler w/
Kicker
Loader

Work Saver
Woods
Lindsay 7 Ton RG
New Holland
Farm Trac

28

1

Sm. Sq. Baler

IHC

29

2

7TonRG

30
31

1
1

Flat Bed
Wagons
Grain Drill
Plow

John Deere
John Deere

32
33

10
1

Steel Gates
Flat Bed Trailer

PJ

666/WF &3
Pt.
4'x16'

2450168U01623
7

Wood
5'x4'

RB2480
665
DTC/FWA
72

180 Bu.
435
6440M &
Bucket
430/Throwe
r
Wood Racks
10'
3 Bott.
Trailer
10-16'
18' Bumper
Hitch

C. All livestock (except livestock and poultry kept primarily for subsistence

purposes), fish, bees, birds, forbearing animals, other animals produced or used
for commercial purposes, other farm products, and supplies, now owned or
hereafter acquired by Defendants Brenda L. Vinall-Mogel or Keith J. Mogel,
together with all increases, replacements, substitutions, and additions thereto,
including but not limited to the following:
ITEM NO.

QTY

1

9

2

200

DESCRIPTION
Cattle - Brdg. Cows
Sheep - Brdg. 2

BREED

COLOR

3

1

4

1

5

1

6
7

13

8

7

.9

1

10
11

25
29

9

Ewes-Ewes
Sheep - Brdg. Rams
Sheep - Brdg. Rams
Sheep - Brdg. Rams
Cows- Beef
Beef - Feeder
Beef - Calves
Bull
Ewes
Lambs

3

Targhee

White

ClunForest

White

Hamp

White

Scottish High
Scottish High
Scottish High
Galloway
XBred
XBred

Brown
Brown
Brown
Black
White
White