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Property – foreclosure – promissory note — evidence

Wisconsin Court of Appeals

Civil

Property – foreclosure – promissory note — evidence

David Gartland appeals a judgment of foreclosure entered by the circuit court, which granted summary judgment in favor of Arch Bay Holdings, LLC—Series 2010A (“Arch Bay”).On appeal, Gartland argues that the circuit court erred in granting summary judgment because an affidavit filed in support of Arch Bay’s motion does not show that the affiant has personal knowledge to establish the admissibility of attached records that are necessary to establish a prima facie case that the mortgage note is in default and that the amount alleged to be owed by Gartland is correct. We agree. We reverse the summary judgment, and remand for further proceedings. This opinion will not be published.

2012AP756-FT Arch Bay Holdings v. Gartland, et al.

Dist IV, Columbia County, White, J., Per Curiam

Attorneys: For Appellant: Pagel, Briane F., Jr., Madison; For Respondent: Foshag, William N., New Berlin


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