Property – reformation — mutual mistake

By: WISCONSIN LAW JOURNAL STAFF//July 30, 2014//

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Wisconsin Court of Appeals

Civil

Property – reformation — mutual mistake

After a bench trial, the circuit court concluded that the original parties’ mutual mistake in the conveyance of a mortgage caused the instrument to encumber more than what they intended. The court reformed the legal description to the benefit of the mortgagors, Michael and Phyllis Kelly (“Kelly” if referring only to Michael), by stripping two parcels of land from the mortgage lien. It also granted Nationstar Mortgage LLC a judgment of foreclosure on the Kellys’ homestead property. Nationstar appeals. We affirm. This opinion will not be published.

2013AP2453 Nationstar Mortage LLC v. Kelly et al.

Dist II, Kenosha County, Bastianelli, J., Per Curiam

Attorneys: For Appellant: Potteiger, David M., Milwaukee; For Respondent: Blay, Ryan Anthony, Kenosha; Johnson, Theodore N., Elkhorn

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