01-0638 WMC Mortgage Corporation v. Burckhardt

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John Burckhardt appeals an order which confirmed a sheriff’s sale following a foreclosure action on Burckhardt’s property. WMC Mortgage Corporation held the outstanding mortgage and successfully bid $84,144.06 for the property. Burckhardt contends: (1) he should have been granted a default judgment when WMC appeared by telephone rather than in person at the initially scheduled confirmation hearing; (2) the sale was prohibited by the United States Land Grant Act; (3) Burckhardt’s own bid of $26.10 should have taken precedence because it was offered in silver coin; and (4) the trial court improperly precluded Burckhardt from offering evidence. WMC moves for an award of costs and attorney fees on the basis that the appeal is frivolous. We agree with WMC that the appeal is frivolous. A

ccordingly, we affirm the order of the trial court and remand the matter for a determination of the amount of WMC’s costs and attorney fees.

This opinion will not be published.

Dist IV, Sauk County, Taggart, J., Per Curiam

Attorneys:

For Appellant: John H. Burckhardt, Arlington

For Respondent: Jay J. Pitner, Milwaukee; Michael M. Riley, Milwaukee