Wisconsin Court of Appeals
Property – foreclosure – mortgages – priority — enforceability
Citimortgage, Inc. (Citi) has appealed from an order entered in the trial court on Dec. 10, 2010, determining that a mortgage held by the respondent, Multicircuits, Inc., has priority over a mortgage held by Citi. Citi has also appealed from an order entered in the trial court on Feb. 2, 2011, confirming the sheriff’s sale of the mortgaged property and ordering Citi to pay $275,914.84 to Multicircuits. Because we conclude that the mortgage held by Multicircuits is unenforceable and therefore cannot have priority over the mortgage held by Citi, we reverse the December 10, 2010 order.
We reverse the portion of the Feb. 2, 2011 order that required Citi to pay $275,914.84 to Multicircuits, and remand the matter to the trial court with instructions to order Multicircuits to refund $275,914.84 to Citi. This opinion will not be published.
2010AP3053, 2011AP523 Multicircuits Inc. v. Grunsted, et al.
Dist II, Winnebago County, Woldt, J., Per Curiam
Attorneys: For Appellant: Anderson, Ross A., Milwaukee; Posnanski, Timothy H., Milwaukee; For Respondent: Hertel, Charles J., Oshkosh; Posanski, Daniel J., Oshkosh; Mynsberge, Heath G., Oshkosh