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United States v. Meals

United States District Court, W.D. Wisconsin

February 28, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
STEPHEN K. MEALS, and NANCY P. GRAUER, SUPERIOR CHOICE CREDIT UNION, MIDLAND FUNDING, LLC, DEERE & COMPANY, Defendants.

          FINDINGS OF FACT AND CONCLUSIONS OF LAW

          James D. Peterson, Judge

         The above-captioned matter havinc 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 February 28, 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, other than Superior Choice Credit Union, 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 Stephen K. Meals, Nancy P. Grauer, Midland Funding, LLC, and Deere and Company; and the Plaintiff having filed a Notice of Application for Default and Motion for Default Judgment and Judgment on the Pleadings, 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 Mortgages as of February 28, 2017, the following sums: See Attachment A.

         3. No proceedings have been had at law or otherwise for the recovery of the sum secured by said Notes and Mortgages.

         4. The mortgaged premises are described as follows:

The Northeast One Quarter of the Northeast One Quarter (NE 1/4 - NE 1/4) and the Southeast One Quarter of the Northeast One Quarter (SE 1/4 NE 1/4) Township Forty-Seven (47) North, Range Ten (10) West, Section Seven (7), all property located in the Town of Maple, Douglas County, Wisconsin.
Tax ID Nos.: MA-020-00044-00 MA-020-00046-00

         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 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 November 21, 2016, after the filing of the Complaint herein, by filing a Notice of Lis Pendens in the office of the Register of Deeds for Douglas County, Wisconsin. This was done in the 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. Defendants Stephen K. Meals, Nancy P. Grauer, Midland Funding, LLC, and Deere and Company, have not served an Answer or other response and the Clerk of Court has duly entered the default of said Defendants.

         9. The United States and Defendant Superior Choice Credit Union, entered a Stipulation regarding real estate mortgage priorities and entry of judgment. Stip., ECF No. 16.

         10. No other proceedings have been held at law or otherwise for the recovery of the sum secured by the promissory notes, security agreements, continuation ...


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