By: WISCONSIN LAW JOURNAL STAFF//April 18, 2013//
Wisconsin Court of Appeals
Civil
Property – foreclosure — good faith
CNC Drywall, Inc. and its loan guarantors Guy and Tammy Champagne appeal a judgment of foreclosure and replevin and the dismissal of their counterclaim. The sole issue on appeal is whether the Bank of Sun Prairie violated an obligation to exercise good faith by declaring CNC in default on a loan without prior notice and based upon a condition of default that was already in existence when the bank extended credit, and by exercising its remedies in a manner that essentially killed CNC’s business. For the reasons discussed below, we affirm the decision of the circuit court. This opinion will not be published.
2012AP2074 Bank of Sun Prairie v. CNC Drywall Inc., et al.
Dist IV, Dane County, Berz, J., Per Curiam
Attorneys: For Appellant: Jardine, Daniel G., De Forest; For Respondent: Stroebel, Christopher J., Madison