By: WISCONSIN LAW JOURNAL STAFF//July 26, 2012//
Wisconsin Court of Appeals
Civil
Property – foreclosure — misrepresentation
Robert Watring, WA-ZAR, Inc., Virginia Towers, Inc. and Robert D. Watring LLC appeal the circuit court’s order granting summary judgment to Baytree National Bank & Trust Company in its action for a money judgment and mortgage foreclosure on a $7,000,000 construction loan made to Watring for the construction of the Lakeview Virginia Towers Condominiums. They also appeal the court’s order granting Baytree summary judgment dismissing their counterclaims asserting claims of misrepresentation and breach of Baytree’s duty of good faith and fair dealing. Because we conclude that the Watrings’ defenses to Baytree’s foreclosure action are legally deficient, and that, under the plain terms of the forbearance agreement, the Watrings forfeited their right to bring any claims against Baytree arising out of the Third Amended Mortgage Note given to the Watrings, we affirm. Not recommended for publication in the official reports.
2010AP2392 Baytree National Bank & Trust Company v. Watring, et al.
Dist II, Kenosha County, Schroeder, J., Higginbotham, J.
Attorneys: For Appellant: Cook, Gregory J., Milwaukee; For Respondent: Braza, James E., Milwaukee; Long, Russell S., Milwaukee, Miles, Elizabeth K., Milwaukee