Property – foreclosure — equity

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Wisconsin Court of Appeals

Civil

Property – foreclosure — equity

James Matson appeals an order denying his motion to enforce a foreclosure judgment. Matson had a mortgage on rental property through Deutsche Bank, which was later foreclosed upon when he stopped paying the mortgage. Rather than sell the property at a sheriff’s sale per the terms of the foreclosure judgment, Deutsche Bank decided to terminate its lien on the property, forgive Matson’s underlying debt, establishing free and clear ownership for Matson. This was because Matson—who, despite the judgment’s indications to the contrary, believed he had no claim to the property—abandoned the property before the end of the redemption period, leaving it in a state of disrepair, decreased value, and with outstanding property taxes and code violations. Matson moved the trial court to force Deutsche Bank to sell the property rather than give title to him, but the trial court denied the motion. On appeal, Matson argues: (1) the trial court erred in denying his motion to enforce the judgment because Deutsche Bank was required to sell the property as a matter of law; (2) the trial court erred by not using “its contempt authority” to enforce the judgment; and (3) the equities of the case favor requiring Deutsche Bank to sell the property. We affirm. Not recommended for publication in the official reports.

2012AP1981 Deutsche Bank National Trust Company v. Matson, et al.

Dist I, Milwaukee County, Brash, J., Curley, P.J.

Attorneys: For Appellant: Jesinski, Kyle E., Milwaukee; For Respondent: Wronski, Andrew J., Milwaukee; Barragry, Andrew, Milwaukee