Abuse of Discretion – Foreclosure

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WI Court of Appeals – District I

Case Name: Wells Fargo Bank, N.A. v. Lisa Lynn Jacobson, et al.

Case No.: 2016AP2292

Officials: Kessler, Brash and Dugan, J.J.

Focus: Abuse of Discretion – Foreclosure

Lisa Jacobson (Lisa) appeals a judgment of foreclosure in favor of Wells Fargo Bank, N.A., involving property located at 1917 South 71st Street, West Allis, Wisconsin. (the “subject property”). On appeal, Lisa argues that material issues of fact exist surrounding the validity of the note in question and, therefore, the trial court erred when it granted summary judgment in favor of Wells Fargo. She also argues that the trial court erroneously exercised its discretion in granting the equitable remedy of foreclosure to Wells Fargo.

We agree with the trial court and hold that there are no material issues of fact regarding the note’s validity. We further conclude that the trial court properly exercised its discretion in granting the judgment of foreclosure to Wells Fargo. Therefore, we affirm the trial court’s decision.

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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.