Property – mortgages — good faith

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Wisconsin Court of Appeals

Civil

Property – mortgages — good faith

Scott P. and Shelley Mattfeld appeal from a judgment and order denying their motion for summary judgment and granting summary judgment to PHH Mortgage Company (PHH), thereby dismissing the Mattfelds’ claims. The Mattfelds contend that PHH violated its statutory obligation under Wis. Stat. § 138.052(7s)(a) (2011-12)[3] to timely supply them with the payoff amount for their mortgage. The Mattfelds also believe that PHH violated an implied contractual duty of good faith and fair dealing. We conclude that § 138.052(7s)(a) is unambiguous and does not require what the Mattfelds claim and, further, there was no contractual obligation that PHH breached. The circuit court’s grant of summary judgment to PHH was therefore appropriate, so we affirm. This opinion shall not be published.

2012AP1482 Mattfeld v. PHH Mortgage Corporation

Dist II, Waukesha County, Mac Davis, J., Per Curiam

Attorneys: For Appellant: Thompson, Gary W., Milwaukee; For Respondent: Nistler, Brent D., Brookfield; Tuchalski, Michael Frank, Jr., Brookfield