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Property – foreclosure — summary judgment

By: WISCONSIN LAW JOURNAL STAFF//September 29, 2011//

Property – foreclosure — summary judgment

By: WISCONSIN LAW JOURNAL STAFF//September 29, 2011//

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Wisconsin Court of Appeals

Civil

Property – foreclosure — summary judgment

Michael and Nicole Williams (collectively, Williams) appeal a summary judgment order that granted BAC Home Loan Servicing (BAC) a judgment of foreclosure against them. Williams raises multiple arguments challenging the judgment of foreclosure, and further contends the circuit court erred in denying the counterclaims by an earlier order. We conclude that the circuit court properly dismissed the counterclaims, but that the summary judgment materials were insufficient to establish that BAC was the holder of the note upon which the foreclosure was based. Accordingly, we reverse the judgment of foreclosure and remand for further proceedings. This opinion will not be published.

2010AP2334 BAC Home Loan Servicing LP v. Williams

Dist IV, Sauk County, Evenson, J., Per Curiam

Attorneys: For Appellant: Williams, Michael J., pro se; For Respondent: Flynn, Matthew J., Milwaukee; Muth, David P., Milwaukee; Perhach, Katherine Maloney, Milwaukee; Remington, John R.

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