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Property – foreclosure — redemption period

By: WISCONSIN LAW JOURNAL STAFF//January 29, 2013//

Property – foreclosure — redemption period

By: WISCONSIN LAW JOURNAL STAFF//January 29, 2013//

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Wisconsin Court of Appeals

Civil

Property – foreclosure — redemption period

Miller Homes of Hudson, LLC, Samuel E. Miller, Leo A. Draveling, and Monica J. Draveling (collectively, Miller Homes) appeal a judgment of foreclosure entered in favor of Associated Bank. The circuit court entered the judgment on May 31, 2012, nunc pro tunc to March 16, 2012. We conclude the court erroneously exercised its discretion by entering the judgment nunc pro tunc. The court therefore erroneously concluded the redemption periods for the subject properties began on March 16, 2012. The redemption periods should have instead begun on May 31, 2012, the date the judgment was actually entered. We therefore reverse the judgment in part.

Miller Homes also argues the court-appointed receiver for the subject properties should have been required to provide an accounting before the court set the redemption amounts. However, we conclude the court properly exercised its discretion by requiring the receiver to submit an accounting after the sheriff’s sale. We therefore affirm the judgment in part. This opinion will not be published.

2012AP1976-FT Associated Bank v. Miller Homes of Hudson LLC, et al.

Dist III, St. Croix County, Cameron, J., Per Curiam

Attorneys: For Appellant: Cari, Samuel R., Hudson; Anderson, Christopher M., Hudson; For Respondent: Liesinger, Shushanie E.K.

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