Summary Judgement – Foreclosure

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WI Court of Appeals – District II

Case Name: U.S. Bank National Association v. Charles E. Stehno, et al.

Case No.: 2016AP193

Officials: Neubauer, C.J., Gundrum and Hagedorn, JJ.

Focus: Summary Judgement – Foreclosure  

Candice Wells appeals from a judgment of foreclosure, contending the circuit court erred in denying her summary judgment motion and granting U.S. Bank National Association’s. Wells asserts the court erroneously concluded that the mortgage on which the foreclosure is based (April 2003 mortgage) is valid; Wells claims it is invalid because only her then-husband signed it. While we agree with Wells that the April 2003 mortgage is invalid, we also agree with U.S. Bank that it is equitably subrogated to a September 2002 mortgage which was signed by Wells and her then-husband. We disagree, however, with U.S. Bank’s contention that it is equitably subrogated to a December 2002 mortgage; we disagree because that mortgage, like the April 2003 mortgage, was signed by only Wells’ then-husband. We affirm in part, reverse in part, and remand to the circuit court for further proceedings.

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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.