By: WISCONSIN LAW JOURNAL STAFF//August 8, 2013//
Wisconsin Court of Appeals
Civil
Property – foreclosure — summary judgment — hearsay
This case arises out of a foreclosure action initiated by Bank of America, N.A. against George Minkov. The circuit court granted summary judgment in favor of Bank of America. Minkov appeals, arguing that Bank of America’s submissions in support of summary judgment did not establish a prima facie case for summary judgment. We agree and conclude that (1) the uncertified copy of the promissory note attached to the foreclosure complaint was insufficient to establish a prima facie case that Bank of America possessed the original note, and (2) the affidavit of Bank of America employee Eileen Thiry did not demonstrate the personal knowledge necessary to render admissible documents attached to her affidavit under the hearsay exception for records of regularly conducted activity. Accordingly, we reverse and remand the case for further proceedings. Not recommended for publication in the official reports.
2012AP2643 Bank of America N.A. v. Minkov, et al.
Dist I, Milwaukee County, Van Grunsven, J., Kloppenburg, J.
Attorneys: For Appellant: Doyle, Catherine M., Milwaukee; For Respondent: Cummings, Shannon K., Brookfield; Karnes, Russell J., Brookfield; Johnson, Alyssa Ann, Brookfield