By: Derek Hawkins//August 2, 2016//
WI Court of Appeals – District III
Case Name: MidCountry Bank v. Todd Bork et al
Case No.: 2015AP1142
Officials: Stark, P.J., Hruz and Seidl, JJ
Focus: Foreclosure – Court Error
MidCountry Bank appeals a judgment denying, on equitable grounds, MidCountry’s efforts to enforce a note and mortgage by foreclosing upon Todd and Carolyn Bork’s Wisconsin real property. We conclude the circuit court properly exercised its equitable discretion in denying foreclosure in this instance. We reject MidCountry’s argument that the circuit court’s exercise of discretion accomplished a double recovery for the Borks and thus was erroneous. Accordingly, we affirm.