Foreclosure — attorney fees

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Wisconsin Court of Appeals

Civil

Foreclosure — attorney fees

This case arises out of the interaction of a foreclosure action and a divorce. The foreclosure action was brought by Black River Country Bank (BRC Bank or the Bank) involving real estate owned by Duane Gerdes (Duane).

The divorce action involved Duane and Julie Gerdes (Julie), the claimant-respondent-cross-appellant in this appeal. Although BRC Bank’s foreclosure action was against Duane, this dispute is between BRC Bank and Duane’s ex-wife, Julie.

After judgment was entered in the foreclosure action and a sheriff’s sale held, Julie made a claim for surplus funds under Wis. Stat. § 846.162.[1] In the appeal, BRC Bank challenges the circuit court’s decision to award Julie an amount equal to the surplus the Bank should have paid to the sheriff, plus damages under Wis. Stat. § 100.20(5). In the cross-appeal, Julie challenges the circuit court’s decision to reduce the amount of her requested attorney’s fees. We affirm the circuit court with respect to the appeal and, consistent with § 100.20(5), we remand for purposes of determining an appropriate amount of attorney’s fees and costs to be awarded to Julie relating to this appeal. As to the cross-appeal, we agree with Julie that the circuit court based its decision to reduce her attorney’s fees, in part, on confusion between arguments made in this case and a related case. We therefore reverse and remand for a redetermination of Julie’s attorney’s fees and costs. This opinion will not be published.

2010AP1988 Black River Country Bank v. Gerdes, et al.

Dist IV, Jackson County, Lister, J., Per Curiam

Attorneys: For Appellant: Radcliffe, Richard A., Tomah; For Respondent: Feltes, Charles V., Osseo