Property – liens — priority

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Wisconsin Court of Appeals

Civil

Property – liens — priority

This case began as a foreclosure action affecting property in Waukesha county. Decade Properties, Inc., appeals from the order denying its motion for summary judgment and granting the Motion for Turnover of SB1 Waukesha County, LLC, and from the order denying its motion for reconsideration. Decade asserts that the trial court erroneously concluded that, to obtain a creditor’s lien in a supplemental proceeding under Wis. Stat. § 816.03(1)(b), a judgment must be “executable,” which contemplates that the judgment is perfected under Wis. Stat. § 806.06(4) and entered in the judgment and lien docket under Wis. Stat. § 806.10 (2009-10). Decade also contends the court erred in declining to give its lien priority on equitable grounds. We disagree and affirm. This opinion will not be published.

2011AP2597 Associated Bank NA, et al. v. Collier, et al.

Dist II, Waukesha County, Hassin, J., Per Curiam

Attorneys: For Appellant: Prange, Roy L., Jr., Madison; For Respondent: Van Lieshout, John M., Milwaukee; Voiland, Joseph W., Milwaukee; Levin, Neal H., Chicago