By: WISCONSIN LAW JOURNAL STAFF//October 17, 2013//
Wisconsin Court of Appeals
Civil
Property – foreclosure — bankruptcy
In this foreclosure action, the circuit court granted summary judgment in favor of the mortgagee, GMAC Mortgage LLC. On appeal, mortgagor James Poley argues that the court should have stayed this foreclosure action as a result of a federal bankruptcy proceeding initiated by GMAC during the pendency of this action and, in any case, erred in granting summary judgment in favor of GMAC.
We conclude that the court did not err in determining that the bankruptcy proceeding did not prevent Poley from opposing summary judgment. We also conclude that the court properly granted summary judgment. We therefore affirm the decision of the circuit court in all respects. Not recommended for publication in the official reports.
2012AP2077 GMAC Mortgage LLC v. Poley, et al.
Dist IV, Dane County, Niess, J., Blanchard, P.J.
Attorneys: For Appellant: Peterson, Reed, Madison; For Respondent: Brovold, Timothy M., New Berlin; Schindler, Michelle K., Chicago, Ill.