Civil Procedure — claim preclusion

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Wisconsin Court of Appeals

Civil

Civil Procedure — claim preclusion

Patricia Ripp appeals an order that dismissed five claims Ripp brought against Bank of America, N.A. (BANA) in a multi-party lawsuit arising from the handling of Ripp’s application for a loan modification under the federal Home Affordable Modification Program (HAMP). The circuit court ruled that Ripp was barred from proceeding on her claims against BANA in this loan modification action under the compulsory counterclaim rule and principles of claim preclusion because she failed to raise the claims during a prior foreclosure action brought against her by BANA’s predecessor in interest. For the reasons discussed below, we conclude that the compulsory counterclaim rule and claim preclusion apply to only one of the five claims at issue. However, we affirm the dismissal on the alternate ground that Ripp’s complaint in this action failed to state any claims upon which relief could be granted against BANA, given Ripp’s implied concessions on this issue in this appeal. This opinion will not be published.

2013AP1124 Ripp v. McMillan Mortgage Group LLC, et al.

Dist IV, Dane County, Sumi, J., Per Curiam

Attorneys: For Appellant: Pagel, Briane F., Jr., Madison; Shah, Rishi G., Madison; For Respondent: Muth, David P., Milwaukee; Remington, John R., Milwaukee