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Foreclosure
By: Derek Hawkins//January 18, 2017//
Listen to this articleWI Court of Appeals – District IV
Case Name: Deutsche Bank National Trust Co., v. Diane M. Pauk
Case No.: 2015AP271
Officials: Lundsten, Sherman and Blanchard, JJ
Focus: Foreclosure
This is a mortgage foreclosure case that we have seen before. See Deutsche Bank Nat’l Trust Co. v. Pauk, No. 2010AP1583 unpublished slip op. (WI App May 31, 2012) (“Pauk I”). In the instant appeal, Diane Pauk argues that her mortgage lender’s July 2008 breach of the mortgage contract entitled her to a combination of relief that she labels “rescission.” As we shall see, however, what Pauk labels as “rescission” instead appears to be a combination of relief that is not rescission. To the extent Pauk makes a true request for rescission, she raises it too late, in her reply brief. To the extent Pauk’s request is for other relief, Pauk fails to show that the circuit court erred in denying that relief. Accordingly, we affirm
Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.
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