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United States v. Colson

United States District Court, W.D. Wisconsin

June 12, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ROBERT C. COLSON, JR., DENISE L.S. COLSON, and MART W. SWENSON, S.C, Defendants.

          FINDINGS OF FACT AND CONCLUSIONS OF LAW

          William M. Conley, United States District Judge.

         The above-captioned matter having come before the Court to be heard, Honorable William M. Conley, United States District Judge for the Western District of Wisconsin, presiding without a jury, on June 12, 2019, the Plaintiff, United States of America, 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, 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 Robert C. Colson, Jr., Denise L.S. Colson, and Mart W. Swenson, S.C; and the United States having filed a Notice of Application for Default and Motion for Default Judgment, 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 the United States' complaint are accepted as true.

         2. There is now due and unpaid on all Notes and Mortgages held by the United States as of June 12, 2019, the sums set forth in Attachment A.

         3. The United States has incurred the following costs in this action: See Attachment A.

         4. The remaining chattel secured by the promissory notes and security agreements held by the United States is described in Attachment B attached hereto.

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

         6. The mortgaged premises are described as follows:

The South One-half of the Southeast Quarter of Section 14, Township 32 North, Range 2 East, Town of Greenwood, Taylor County, Wisconsin.
AND
The Northwest Quarter of the Northeast Quarter of Section 23, Township 32 North, Range 2 East, Town of Greenwood, Taylor County, Wisconsin.
Parcel Nos.: 016-00251-0000 016-00252-0000 016-00391-0000

         7. 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 ...


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