STATE OF \VISCONSIN CIRCUIT COURT JACKSON COUNTY CIT Bank, N.A. Plaintiff Case No: 17 CV 37 vs ESTATE OF DONALD A. GIEROK, et al. Defendant(s) NOTICE OF SHERIFF'S SALE PLEASE TAKE NOTICE that by virtue of a judgment of foreclosure entered on July 28, 2017 in the amount of$139,069.28 the Sheriff will sell the described premises at public auction as follows: TIME: July 10, 2018 at 10:00 AM TERMS: By bidding at the sheriff sale, prospective buyer is consenting to be bound by the following terms: 1.) 10% down in cash or money order at the time of sale; balance due within 10 days of confirmation of sale; failure to pay balance due will result in forfeit of deposit to plaintiff. 2.) Sold "as is" and subject to all legal liens and encumbrances. 3.) Buyer to pay applicable Wisconsin Real Estate Transfer Tax in addition to the proceeds of the sale. 4.) Plaintiff opens bidding on the property, either in person or via fax and as recited by the sheriff department in the event that no opening bid is offered, plaintiff retains the right to request the sale be declared as invalid as the sale is fatally defective. PLACE: on the front steps of the Jackson County Courthouse located at 307 Main Street, Black River Falls, Wisconsin 54615 DESCRIPTION: LOT TWO OF JACKSON COUNTY CERTIFIED SURVEY MAP NO. 294 AS RECORDED IN VOLUME TWO OF SURVEYS, PAGE 89, DOCUMENT NO. 220733; BEING A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION THIRTY-FIVE, TOWNSHIP TWENTY-TWO NORTH, RANGE FIVE WEST. AND LOT ONE OF JACKSON COUNTY CERTIFIED SURVEY MAP NO. 335A AS RECORDED IN VOLUME TWO OF SURVEYS, PAGE 172, DOCUMENT NO. 222450; BEING A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION THIRTY -FIVE, PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION THIRTY-SIX, AND PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION TWENTY-FIVE, TOWNSHIP TWENTY-TWO NORTH, RANGE FIVE WEST. PROPERTY ADDRESS: N7711 County Road A, Hixton, WI 54635 TAX KEY NO.: 024-0536-0000 Hunter R. Felknor BP Peterman Law Group LLC State Bar No. 1094978 165 Bishops Way, Suite 100 Brookfield, WI 53005 262-790-5719 Dated this D I sr day of :s LAtJ G Vv\L) ~.JW_ Sheriff Duane Waldera Jackson County Sheriff, "&>1 8. BP Peterman Law Group LLC is the creditor's attorney and is attempting to collect a debt on its behalf Any information obtained will be used for that purpose.
STATE OF WISCONSIN CIRCUIT COURT FILED 07-28-2017 Clerk of Circuit Court Jackson County, WI JACKSON 00l:.IN'OOtf037 CIT Bank, N.A. Vs Plaintiff Estate of Donald A. Gierok N7711 County Road A Hixton, WI 54635 Defendant Case No: 17 CV 37 F or m. fi ormatwna purposes: Occupancy Non-Ow ner Statute 846.103(2) Redemption 3mon ths Deficiency No Receiver No Findings of Fact, Conclusions of Law and Judgment This action having come on to be heard before that branch of the Circuit Court in and for Jackson County, Wisconsin, presided over by the Honorable Anna Becker. The Summons and Complaint having been duly served upon the defendant in the manner provided by law, due proofthereofbeing on file, and That no Answer has been received or filed that presents any factual basis upon which to deny the material allegations of the Complaint; and Due notice of the pendency of this action having been filed in the office of the Register of Deeds of Jackson County more than twenty (20) days prior to this hearing; and Said matter having duly come on to be heard before this Court, BP Peterman Law Group LLC appearing for the Plaintiff and the Court having reviewed the Affidavits submitted on behalf of the Plaintiff, and having determined that all material allegations are true; and It further appearing from an affidavit submitted that the mortgaged premises is nonowner-occupied, is a parcel of real estate consisting of twenty acres or less and that the said premises cannot be sold in parcels without injury to the interests of the parties hereto; and It appearing that said defendant is in the military service and that said defendant is an
---~------- ----~---------- -------~---- infant or under guardianship; and It further appearing that a note was signed by Estate of Donald A. Gierok on July 31, 2007 in the original amount of$240,000.00, which is secured by a mortgage; and that as of the date of this hearing said note and mortgage are held by the Plaintiff, and there is due on this note and mortgage the sum of $139,069.28 for principal and interest, attorney fees, and costs of this action. NOW THEREFORE, on motion of BP Peterman Law Group LLC, attorney for Plaintiff, IT IS BY THE COURT FOUND, DETERMINED AND ADJUDGED: 1) That all of the material allegations of the Plaintiffs complaint are proven and true. 2) That the following amounts are due to the Plaintiff under the terms of the note and mortgage: --- $103,355.84 Deferred Principal Balance - - $18,857.37 MIP/PMI Advances r--~--~~--------- ---- ----.--- -- - ------------------ $8,740.93! Recording Fees $30.00 ----------------- ---------- Filing Fees $285.50 - Title Costs $75.00 r--~--~ -----~ -- ~------.. ------ -,------ -. Service Fees $55.00 ---- ---"!"--------~ --- -- Attorney Fees $1,435.00 r---------"--~~------------ ------ -- --~-------- Lis Pendens $30.00 f-----~--------. ------- ---- --- LP (title) Update!---------- ----- -.--... Monthly Servicing Fees $40.00 --------- $4,200.00 Servicing Advances $1,964.64 r--- - ----------- - --- Grand Total $139,069.28 3) That all sums advanced by the Plaintiff for insurance, attorney fees, necessary repairs, taxes and other taxable costs not included in the judgment may be added to the judgment by order at any time after entry thereof or on or before confirmation of sale upon the Petition of the Plaintif1's attorney without notice to any party. 4) That the mortgaged premises arc described as follows: LOT TWO OF JACKSON COUNTY CERTIFIED SURVEY MAP NO. 294 AS RECORDED IN VOLUME TWO OF SURVEYS, PAGE 89, DOCUMENT NO. 220733; BEING A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION THIRTY -FIVE, TOWNSHIP TWENTY-TWO NORTH, RANGE FIVE WEST. AND
LOT ONE OF JACKSON COUNTY CERTIFIED SURVEY MAP NO. 335A AS RECORDED IN VOLUME TWO OF SURVEYS, PAGE 172, DOCUMENT NO. 222450; BEING A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION THIRTY-FIVE, PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION THIRTY -SIX, AND PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION TWENTY -FIVE, TOWNSHIP TWENTY-TWO NORTH, RANGE FIVE WEST. 5) That the mortgaged premises is non-owner-occupied and cannot be sold in parcels without injury to the interests of the parties and the described premises, unless sooner redeemed as provided by law, be sold at public auction in Jackson County under the direction of the Sheriff at any time after three months from the date of entry of judgment in the manner provided by law for the amounts due the Plaintiff, pursuant to Wisconsin Statute Section 846.103(2). 6) That after deducting the fees and expenses of sale, the proceeds of sale shall first be applied to the amounts due Plaintiff, together with interest per annum at the current rate of 1.51000 percent, from the date of the hearing through the date of confirmation of sheriff's sale, and that the surplus, if any, shall be paid to the defendants in accordance with their rights. 7) That after the sheriff sale, the sheriff shall make due report thereof to the Court as provided by law, and the purchaser shall be deemed the owner of the premises upon the signing of an order confirming the sale to said purchaser, and all parties to this action or other persons securing possession after the date the Lis Pendens was recorded shall deliver possession to said purchaser. 8) That the inte-ests of the ddmdcnt ere subordinate md infe-ior to the Plaintiff's. 9) That the Plaintiff is hereby granted permission, pursuant to Section 846.09, Wisconsin statutes, to amend its pleadings to add any other parties it determines are necessary. 10) That no deficiency judgment may be obtained against any defendant regarding the sum due under the note and mortgage following the confirmation of sheriff sale. 11) That all parties and all persons claiming under them are enjoined from committing waste upon the premises. 12) That the Plaintiff may take all necessary steps to secure and winterize the subject
property in the event it is abandoned by the defendants and becomes unoccupied during the redemption period or until such time as this matter is concluded. 13) That there is no such party as the Unknown Tenants; that all claims against said party are hereby dismissed, and the caption shall reflect accordingly. 14)That the legal description of the warranty deed recorded as document number 342261 is hereby reformed and shall heretofore be as described in paragraph four of this order. 15) That this is a final order for purposes of appeal. Dated this 28th day of July, 2017 BY THE COURT: Electronically signed by Anna L. Becker Circuit Court Judge