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2010AP574 Brentwood Condo LLC v. Walstead, et al.

By: WISCONSIN LAW JOURNAL STAFF//November 24, 2010//

2010AP574 Brentwood Condo LLC v. Walstead, et al.

By: WISCONSIN LAW JOURNAL STAFF//November 24, 2010//

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Property
Foreclosure; attorney fees

Nelson Walstead purchased rental property from Brentwood Condo, LLC, with a loan secured in part by a mortgage on Walstead’s personal residence. When Walstead failed to comply with certain terms of the mortgage and note, Brentwood initiated this foreclosure action. Walstead asserted affirmative defenses and filed a counterclaim against Brentwood and third-party claims against Gordon Becker, who had been involved in work on the property. The circuit court granted summary judgment in favor of Brentwood on the foreclosure and the counterclaim and in favor of Becker on the third-party claims. Walstead appeals. For the reasons we explain below, we affirm the circuit court’s grant of summary judgment in favor of Brentwood and Becker. On their cross-appeal, we affirm the circuit court’s denial of their motion for attorney fees. Not recommended for publication in the official reports.

2010AP574 Brentwood Condo LLC v. Walstead, et al.

Dist IV, Dane County, O’Brien, J., Vergeront, P.J.

Attorneys: For Appellant: Baumbach, Devon R., Madison; Kulkoski, Grace Marie, Madison; For Respondent: Myers, Rhea A., Madison

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