Property — foreclosure

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Wisconsin Court of Appeals

Civil

Property — foreclosure

This is the second time this foreclosure action has been before this court. See Bank of New York v. Cano, No. 2010AP477, unpublished slip op. (WI App Jan. 20, 2011). In our prior decision in this case, we reversed an order granting foreclosure to the Bank of New York on summary judgment. On remand, the circuit court allowed the Canos to amend their answer to include affirmative defenses and counterclaims, granted partial summary judgment to the Bank, and held a bench trial on the Bank’s foreclosure action and the Canos’ remaining affirmative defenses and counterclaim. The court then granted foreclosure to the Bank.

The Canos contend that the circuit court erred by granting foreclosure to the Bank. Specifically, they contend that the court erred by: (1) requiring the Canos to present evidence of fraud in support of their unclean hands defense; and (2) relying on a misinterpretation of Mario Cano’s testimony. We reject both contentions, and accordingly affirm the judgment of foreclosure. This opinion will not be published.

2012AP1836 Bank of New York as Trustee for the Certificate-Holders CWABS Inc. et al. v. Cano

Dist IV, Jefferson County, Hue, J., Per Curiam

Attorneys: For Appellant: Mahany, Brian H., Milwaukee; For Respondent: Muth, David P., Milwaukee; Remington, John R., Milwaukee; Gutschow, Brandon, Milwaukee