Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Graveen

United States District Court, W.D. Wisconsin

April 24, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
DAVID GRAVEEN, WENDY JORGENSEN, CAPITAL ONE BANK USA, N.A, CAVALRY SPV I, LLC, and LAC DU FLAMBEAU BAND OF LAKE SUPERIOR CHIPPEWA INDIANS, Defendants.

          JUDGMENT OF FORECLOSURE AND SALE

          William M. Conley, United States District Judge.

         The Defendants, David Graveen, Capital One Bank (USA), N.A., Cavalry SPV I, LLC, and Lac du Flambeau Band of Lake Superior Chippewa Indians, having failed to appear, plead, or otherwise defend in this action, and default having been entered on March 27, 2019, 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 the United States and against Defendants as follows:

         1. There is now due and owing to the United States as of and including April 24, 2019, the following sum as set forth in Attachment A.

         2. The United States is entitled to Judgment of Foreclosure and Sale in the usual form of the leasehold interest in the mortgaged premises, located in Vilas County, Wisconsin, and described more specifically as:

Sublot 3, Pokegama Lake Subdivision, located within Govt. Lot 1, Section 32, Township 41 North, Range 5 East, 4th P.M., Vilas County, Wisconsin, containing .95 acres, more or less.

         3. The leasehold interest in the mortgaged premises shall be sold at public auction in the County of Vilas, State of Wisconsin, by or under the direction of the United States Marshal for the Western District of Wisconsin, subject to Defendant David Graveen's right of redemption under Wis.Stat. § 846.101. Such sale shall be made only to the Lac du Flambeau Band of Lake Superior Chippewa Indians, an individual with the written consent of the Lac du Flambeau Band of Lake Superior Chippewa Indians, or the Department of Housing and Urban Development.

         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, claim, 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 Vilas County News-Review, a newspaper published in the City of Eagle River, Vilas County, Wisconsin;
b) the United States Marshal shall allow any of the parties to this action to purchase the leasehold interest in the above-described premises at the sale, provided that such the party is the Lac du Flambeau Band of Lake Superior Chippewa Indians, an individual with the written consent of the Lac du Flambeau Band of Lake Superior Chippewa Indians, or the United States, acting through the Department of Housing and Urban Development;
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, after deducting the costs and expenses of the sale, unless otherwise ordered by the Court;
d) the United States Marshal may accept from an eligible 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 the Secretary of Housing and Urban Development is the successful bidder at the sale, the United States Marshal may take the receipt of the United States in lieu of cash payment;
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 conveyance of leasehold interest in the premises ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.