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United States v. Krisik

United States District Court, W.D. Wisconsin

January 11, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
KRIS P. KRISIK, and RUSK COUNTY, DEBORAH E. KRISIK, PORTFOLIO RECOVERY ASSOCIATES, LLC, Defendants.

          JUDGMENT OF FORECLOSURE AND SALE

          WILLIAM M. CONLEY United States District Judge

         The Defendants, Kris P. Krisik, Deborah E. Krisik, and Portfolio Recovery Associates, LLC, having failed to appear, plead, or otherwise defend in this action, and default having been entered on December 14, 2016, a stipulation having been entered into by Defendant Rusk County for real estate mortgage priorities and entry of judgment, 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:

         1. There is now due and owing to Plaintiff as of and including the 11th of January, 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 Rusk County, Wisconsin, and described more specifically as:

The Northeast Quarter of the Northwest Quarter of Section Seventeen (17), Township Thirty-five (35) North, Range Four (4) West, Town of True, Rusk County, Wisconsin.

         3. The mortgaged premises shall be sold as a whole at public auction in the County of Rusk, State of Wisconsin, by or under the direction of the United States Marshal for the Western District of Wisconsin.

         4. Rusk County has stipulated to the entry of the judgment of foreclosure and that mortgage interest of Rusk County on the mortgaged premises, as described in the Stipulation between Rusk County and the United States (ECF No. 5), is superior to the interest of the Plaintiff.

         5. The amount due and owing to Defendant Rusk County as of and including December 27, 2016, is $10, 630.00.

         6. 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.

         7. 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 Ladysmith News, a newspaper published in the City of Ladysmith, Rusk 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 ...

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