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2009AP3009 WaterStone Bank SSB v. Pankenka

By: WISCONSIN LAW JOURNAL STAFF//November 17, 2010//

2009AP3009 WaterStone Bank SSB v. Pankenka

By: WISCONSIN LAW JOURNAL STAFF//November 17, 2010//

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Property
Foreclosure; fair value; confirmation of sale

This is Kimberly A. Panenka’s second appeal arising from the judgment of foreclosure against her property. Here, she appeals from one order that confirmed the sheriff’s sale to WaterStone Bank SSB, f/k/a Wauwatosa Savings Bank, and ordered a writ of assistance, and from another denying her motion to vacate or stay the writ of assistance. We affirm the orders because we conclude that Wis. Stat. § 846.16(1) (2007-08) did not require the sheriff to serve Panenka with a report of confirmation of the sale; Panenka forfeited her right to challenge the assertedly inaccurate legal description; and the circuit court properly determined that the property was sold for fair value. This opinion will not be published.

2009AP3009 WaterStone Bank SSB v. Pankenka

Dist II, Waukesha County, Ramirez, J., Per Curiam

Attorneys: For Appellant: Pagel, Briane F., Jr., Madison; For Respondent: Lovern, Susan E.; Chintamaneni, Smitha, Milwaukee

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