By: WISCONSIN LAW JOURNAL STAFF//August 15, 2012//
Wisconsin Court of Appeals
Civil
Property – foreclosure — non-recourse clauses
This is an appeal from a judgment of foreclosure by the multiple corporate borrowers and guarantor Charles Neiss. The borrowers argue that the trial court erred by: (1) allowing Bank of America, N.A., to substitute for LaSalle Bank, N.A., as the plaintiff; (2) determining that Bank of America was entitled to enforce the loan documents; and (3) entering judgment against the borrowers and Neiss for a breach of and attorney fees associated with the parties’ Environmental Indemnity Agreement (EIA). Bank of America cross-appeals arguing that the court erred by: (1) declining to award a portion of the attorney fees claimed in connection with enforcing the EIA; (2) determining that the borrowers and Neiss were not liable for various amounts claimed under the non-recourse provisions of the loan documents; and (3) refusing to find Neiss liable for all of the attorney fees claimed in connection with enforcing the loan documents. We affirm the judgment in its entirety. This opinion will not be published.
2011AP1419 Bank of America N.A. v. JFM1 LLC, et al.
Dist II, Sheboygan County, Van Akkeren, J., Per Curiam
Attorneys: For Appellant: Mayer, Peter R., Sheboygan; Scanlan, John F., Chicago; For Respondent: Weidig, Erik G., Milwaukee