2009AP2273 Wells Fargo Bank, N.A., v. Biba

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Property
Foreclosure; notice

In a foreclosure action, the notice requirements in sec. 846.165(1) do not apply when the defendant failed to appear.

“It is clear that the notice referred to throughout section 846.165(1) is the notice of the first sentence, namely, the notice that must be ‘given to all parties that have appeared in the action’ (emphasis added). Biba does not contend that any party “appeared” within the meaning of the statute and, consequently, he concedes that no party was entitled to personal notice.”

“Instead, Biba asserts that, when no party is entitled to personal notice, section 846.165(1) somehow requires a general posting or publication of notice. The only statutory notice requirement, however, is that notice must be given to a party that has appeared. The omission of any public notice requirement is telling because it stands in contrast to related statutes, such as Wis. Stat. § 846.10(2) that sets forth the general procedure for foreclosure sales and expressly provides for public notice. Similarly, Wis. Stat. § 846.101(2), the more specific foreclosure sale statute used by Wells Fargo here, also contains an express public notice requirement.”

Affirmed.

Recommended for publication in the official reports.

2009AP2273 Wells Fargo Bank, N.A., v. Biba

Dist. IV, Vernon County, Rosborough, J., Lundsten, J.

Attorneys: For Appellant: Pittman, Galen W., La Crosse; For Respondent: Piette, Robert M., New Berlin

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