Foreclosure

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WI Court of Appeals – District IV

Case Name: PNC Bank, N.A. v. Sheila M. Spencer, N.A.

Case No.: 2014AP2353

Officials: Kloppenburg, P.J., Lundsten, and Blanchard, JJ.

Focus: Foreclosure

Sheila Spencer appeals the circuit court’s grant of summary judgment to PNC Bank, NA, on PNC’s foreclosure action against Spencer. We address the only argument that we discern Spencer making on appeal that is even somewhat developed, and reject as wholly undeveloped the rest of the arguments that Spencer purports to advance on appeal, including her argument challenging an order of the circuit court striking her answer and counterclaims both as untimely and on the ground that the counterclaims failed to state a claim upon which relief may be granted. As to the somewhat developed argument, we conclude that it fails under controlling Wisconsin law, and further observe that a decision of the United States Court of Appeals for the Seventh Circuit rejecting the argument that she now makes stands as law of the case on this issue. Accordingly, we affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.