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Property – foreclosure

By: WISCONSIN LAW JOURNAL STAFF//November 27, 2013//

Property – foreclosure

By: WISCONSIN LAW JOURNAL STAFF//November 27, 2013//

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Wisconsin Court of Appeals

Civil

Property – foreclosure — prima facie case

Wentworth A. Millar, Jr., appeals a decision of the circuit court in this foreclosure action granting summary judgment in favor of Park Bank. On appeal, Millar argues that the circuit court erred by not dismissing the action because the Bank failed to sufficiently allege standing in its complaint for foreclosure. Millar also argues that the circuit court should not have granted summary judgment in favor of the Bank because (1) the Bank failed to establish a prima facie case that it was entitled to enforce the note against Millar and that Millar owed any particular amount to the Bank, and (2) Millar raised a genuine issue of material fact as to whether he had defaulted on the terms of his note and mortgage and whether the amount of principal alleged to be owed to the Bank was correct. Finally, Millar argues that the circuit court erred in dismissing one of Millar’s counterclaims against the Bank.

We conclude that the circuit court properly determined that the Bank’s complaint sufficiently alleged standing, granted summary judgment of foreclosure in favor of the Bank, and dismissed Millar’s counterclaim. Accordingly, we affirm the decision of the circuit court. Not recommended for publication in the official reports.

2013AP523 Park Bank v. Millar, et al.

 

Dist IV, Dane County, Markson, J., Blanchard, P.J.

Attorneys: For Appellant: Millar, Wentworth A., Jr., pro se; For Respondent: Pasch, Robert A., Madison; Thill, Brian P., Madison

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