2010AP60 PHH Mortgage Corporation vs. Kolodziej, et al.

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Property
Foreclosure; authentication

This cases arises out of a foreclosure action initiated by PHH Mortgage Corporation against Robert Kolodziej and Debra Snobl as co-personal representatives of the Estate of Marcella Kolodziej (collectively, the Estate). The circuit court granted summary judgment in favor of PHH, concluding that the undisputed facts show that PHH is the owner and holder of the note and mortgage, that there is a default, and that PHH may therefore foreclose on the property. On the Estate’s appeal we conclude the documents on which PHH relies to establish that it is the owner and holder of the note and mortgage do not meet the requirements of Wis. Stat. § 802.08(3) (2009-10) because they are not properly authenticated. We therefore agree with the Estate that PHH did not establish a prima facie case for summary judgment. However, we disagree that the Estate is entitled to dismissal of the complaint as a sanction against PHH. Accordingly, we reverse the summary judgment and remand for further proceedings. Not recommended for publication in the official reports.

2010AP60 PHH Mortgage Corporation vs. Kolodziej, et al.

Dist III, Vilas County, Nielsen, J., Vergeront, P.J.

Attorneys: For Appellant: Garbowicz, Steven C., Eagle River; Govern, Shawn M., Brookfield; Scott, Kevin M., Brookfield; For Respondent: Halfenger, G. Michael, Milwaukee; Weidig, Erik G., Milwaukee; Quirk, Brian M., New Berlin

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