Property – foreclosure — prima facie case

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Wisconsin Court of Appeals

Civil

Property – foreclosure — prima facie case

Thomas Biehn and Sherry Biehn appeal from a judgment of foreclosure entered in favor of U.S. Bank National Association on the Biehns’ residential mortgage and note. The Biehns argue that (1) summary judgment was inappropriate for several reasons, including that the Bank failed to establish a prima facie case, (2) the trial court erred by prioritizing U.S. Bank’s interest over that of another lienholder, Talmer Bank, LLC, (3) U.S. Bank was not entitled to seek judgment for the full amount due and owing on the note, and (4) this court should exercise its discretionary reversal authority to grant a new trial. We conclude that the trial court properly entered summary judgment because the Bank established a prima facie case for summary judgment based on admissible evidence, the Biehns failed to identify a genuine issue of material fact, and the trial court’s written judgment constituted an appropriate exercise of discretion. We further determine that the Biehns lack standing to raise the lien priority issue and that their arguments concerning the judgment amount are baseless. Given that we find no error, we decline to grant a new trial in the interest of justice. We affirm. This opinion will not be published.

2013AP1898 US Bank National Association v. Biehn et al.

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

Attorneys: For Appellant: Thompson, Gary W., Milwaukee; For Respondent: Ragatz, Ronald R., Madison; Barragry, Andrew, Milwaukee