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United States v. Murphy

United States District Court, E.D. Wisconsin

March 1, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
MARK V. MURPHY, WELLS FARGO BANK, N.A., formerly known as Wells Fargo Home Mortgage, and WISCONSIN DEPARTMENT OF REVENUE, Defendants.

          ORDER

          J.P. Stadtmueller U.S. District Judge

         This Court entered an amended default judgment in this action on February 21, 2017 in favor of the United States and against Defendant Mark V. Murphy for unpaid federal income tax liabilities. (Docket #31). The United States was also granted judgment on its lien enforcement claim, permitting a judicial sale of the real property located at 29040 Kramer Drive, Waterford (Racine County), Wisconsin 53185 (“the Property”), legally described as:

PARCEL 1: Part of the Southeast ¼ of Section 26, T4N, R19E, Town of Waterford, Racine County, State of Wisconsin and described as follows: Commencing at a point 197.68 feet South and 1322.25 feet West of the East ¼ Corner of said Section 26, thence North 85° 07' West 170.96 feet; thence North 03° 37' East 22 feet thence North 29° 27' East 38.26 feet; thence South 77° 36' East 136 feet and thence South 22° 00' East 46 feet to the place of beginning, including all of that part of the water's edge lying between the aforesaid sidelines extended, also known as Lot 28, in the Plat of Waterford Estates Subdivision, an unrecorded plat.
PARCEL 2: Also, commencing at a point 236.11 feet South 1314.92 feet West of the East ¼ Corner of said Section 26; thence North 88° 44' West 179.94 feet; thence North 03° 37' East 51 feet; thence South 85° 07' East 170.96 feet; thence South 22° 00' East 20 feet; and thence South 00° 32' West 20 feet to the place of beginning, including all of that part to water's edge lying between the aforesaid sidelines extended, also known as Lot 29 in the Plat of Waterford Estates, an unrecorded plat.
PARCEL 3: Commencing at a point 155.05 feet South and 1339.54 feet West of the East ¼ of said Section 26, thence North 77° 36' West, 136 feet from the place of beginning; thence South 22° 26 feet from the place of beginning, thence South 22° 00' East 26 feet to the place of beginning.
Said lands being in the Town of Waterford, County of Racine and State of Wisconsin.
The federal tax liens are enforced against the Property, and the Property will be sold pursuant to further order of the Court. The government has now filed an unopposed motion for an order of sale as to the Property. (Docket #32). The Court, having no independent basis to question the requested relief, will grant that motion. Therefore, in accordance with the amended default judgment,

         IT IS ORDERED that the United States' unopposed motion for an order of sale (Docket #32) be and the same is hereby GRANTED; and

         IT IS FURTHER ORDERED that the Property shall be sold, pursuant to 26 U.S.C. § 7403(c) and 28 U.S.C. §§ 2001 and 2002, in order to collect the unpaid federal tax liabilities as follows:

         1. The Internal Revenue Service (“IRS”) Property Appraisal and Liquidation Specialist (“PALS”) is authorized to offer for public sale and to sell the Property.

         2. The terms and conditions of the sale are set forth below.

         a. The sale of the Property shall be by public auction to the highest bidder, free and clear of all rights, titles, claims, liens, and interests of all parties to this action, including plaintiff United States and defendants Mark V. Murphy, Wells Fargo Bank, N.A. (“Wells Fargo”), and State of Wisconsin, Wisconsin Department of Revenue (“WDR”), and any successors in interest or transferees of those parties.

         b. The sale of the Property shall be subject to building lines, if established, all laws, ordinances, and governmental regulations (including building and zoning ordinances) affecting the Property, and easements, restrictions, and reservations of record, if any.

         c. The sale of the Property shall be held either at the courthouse of the county or city in which the Property is ...


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