United States of America v. J & R Growers, LLC et al
Filing
17
JUDGMENT of Foreclosure and Sale. Signed by District Judge James D. Peterson on 1/16/2018. (kwf)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
UNITED STATES OF AMERICA,
Plaintiff,
v.
Case No. 17-cv-779-jdp
J & R GROWERS, LLC, RICHARD J.
RASMUSSEN, and JEANNIE RAE
CARLSTROM,
Defendants.
JUDGMENT OF FORECLOSURE AND SALE
The Defendants, J& R Growers, LLC, Richard J. Rasmussen, and Jeannie Rae
Carlstrom, having failed to appear, plead, or otherwise defend in this action, and
default having been entered on December 27, 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);
J1;1dgment is hereby entered in favor of Plaintiff and against Defendants as
follows:
1.
There is now due and owing to Plaintiff as of and including January 16,
2018, 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 Polk County, Wisconsin, and described more
specifically as:
That part of the Southwest Quarter of the Southwest Quarter
of Section 20, Township 36 North, Range 19 West (in the
Town of Sterling), Polk County, Wisconsin, described as
follows: Commencing at the Southwest corner of said
Section 20; thence North, assumed bearing, along the West
line of said Southwest Quarter of the Southwest Quarter, 400
feet to the Northwest corner of that parcel of land described
in Volume 659, Page 445, of Deeds and the point of
beginning; thence, leaving said West line, East, along the
North line of said parcel of land described in Volume 659,
Page 445 of Deeds, and along the Easterly extension of said
North line 490.7 feet; thence, leaving said North line and
said Easterly extension of the North line, North, parallel
with the West line of said Southwest Quarter of the
Southwest Quarter, 888.3 feet to the South line of the North
30 feet of said Southwest Quarter of the Southwest Quarter;
thence West, along the South line of said North 30 feet, 490.7
feet to the West line of said Southwest Quarter of the
Southwest Quarter; thence, leaving the South line 9f the
North 30 feet of said Southwest Quarter of the Southwest
Quarter, South, along said West line, 887.7 feet to the point
of beginning; Now known as: Lot 1 of Certified Survey Map
No. 5707, Volume 25, Page 184, located in the Southwest
Quarter of the Southwest Quarter of Section 20, Township 36
North, Range 19 West (in the Town of Sterling); Polk
County, Wisconsin.
I
Tax Key No.: 046-00470-1000
3.
'
The mortgaged premises shall be sold as a whole at public auction in the
County of Polk, State of Wisconsin, by or under the direction of the United States
Marshal for the Western District of Wisconsin.
2
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 Inter-County Leader, a newspaper published in the City of Frederic, Polk
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
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;
3
e)
the United 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, andthe 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
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 a~ounts 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
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
Dated this
/pf}f day of
JjWlllt~
, 2018.
BY THE COURT:
JAMES D. PETERSON
United States District Judge
Western District of Wisconsin
Entered at Madison, Wisconsin, this
Ip/(,
day of
9hP-~tf, 2018.
11-r...tt6~
PETER OPPENEER
Clerk of Court
United States District Court
6
United States v.
J & R Growers, LLC, et al.
Case No. 17-cv-779-jdp
ATTACHMENT A
Notes and Mortgages
a.
Principal as of January 16, 2018
$521,382.72
b.
Interest as of January 16, 2018
$ 53,565.38
Total as of January 16, 2018
$574,948.10
Costs and Disbursements
C.
Filing of Notice of Lis Pendens
Total Costs & Disbursements
TOTAL AS OF JANUARY 16, 2018
$
36.00
$
36.00
$574,984.10
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