Property – foreclosure — summary judgment — hearsay

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Wisconsin Court of Appeals

Civil

Property – foreclosure — summary judgment — hearsay

Myzell and Jean Alexander appeal a circuit court judgment granting Wells Fargo’s motion for summary judgment in Wells Fargo’s action to foreclose on the Alexanders’ note and mortgage. This case presents two issues: whether Wells Fargo has standing and is the real party in interest entitled to enforce the note, and whether several documents attached to a Wells Fargo employee’s affidavit submitted in support of Wells Fargo’s motion for summary judgment are admissible under Wis. Stat. § 908.03(6) (2011-12),[1] the hearsay exception for records of regularly conducted activity. We conclude that Wells Fargo had standing and was the real party in interest to bring the foreclosure action, but its submissions do not make a prima facie case for summary judgment. Accordingly, we reverse and remand the case for further proceedings. Not recommended for publication in the official reports.

2012AP2236 Wells Fargo Bank NA v. Alexander

Dist IV, Dane County, Markson, J., Kloppenburg, J.

Attorneys: For Appellant: Peterson, Reed, Madison; For Respondent: Dykeman, Stephanie L., Brookfield; Markvart, Brad A., Brookfield