2009AP2873 Countrywide Home Loans Inc. v. Russ, et al.

By: WISCONSIN LAW JOURNAL STAFF//November 2, 2010//

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Property
Foreclosure; confirmation

Countrywide Home Loans, Inc., appeals the order denying its motion to confirm the foreclosure sale of Daniel J. and Dennis R. Russ’s residential property. Countrywide argues that its bid of $68,674.54, which was the amount remaining due on the mortgage, was a fair value, and, therefore, the circuit court erroneously exercised its discretion when it refused to confirm the sale even though Countrywide did not seek a deficiency judgment against the Russes. We agree. Accordingly, we reverse and remand, and direct the circuit court to confirm the sale. Publication in the official reports is not recommended.

2009AP2873 Countrywide Home Loans Inc. v. Russ, et al.

Dist I, Milwaukee County, Moroney, J., Fine, J.

Attorneys: For Appellant: Cummings, Shannon K., Brookfield; For Respondent: Russ, Daniel J., pro se; Russ, Dennis R., pro se; Bank One, N.A., pro se

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