2009AP1122 Lowell Management Services Inc. v. Geneva National PQC LLC, et al.

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Property
Foreclosure; confirmation

Lowell Management Services, Inc. appeals from an order confirming the foreclosure sale of property on which it held a construction lien. We previously decided Lowell’s appeal from the judgment of foreclosure. Lowell Mgmt. Serv. Inc. v. Geneva Nat’l PQC, LLC, 2009 WI App 149, 321 Wis. 2d 589, 774 N.W.2d 811 (Lowell I), review denied (WI Mar. 9, 2010) (No. 2008AP2533). In Lowell I, we held that Lowell’s construction lien was junior to the mortgage lien held by Security Bank of Kansas City. Id., ¶1. We also held that Lowell’s complaints about alleged deficiencies in Security Bank’s summary judgment motion could be addressed in a challenge to the judgment of foreclosure and that the issue before the circuit court and on appeal related to the priority of Lowell’s and Security Bank’s respective liens. Id., ¶9. This opinion will not be published.

2009AP1122 Lowell Management Services Inc. v. Geneva National PQC LLC, et al.

Dist II, Walworth County, Kennedy, J., Per Curiam

Attorneys: For Appellant: Williams, David C., Lake Geneva; For Respondent: Scholze, Richard, Burlington; Edwards, Robert J. E., Kansas City, MO

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