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Foreclosure – Untimely Filing

By: Derek Hawkins//March 14, 2018//

Foreclosure – Untimely Filing

By: Derek Hawkins//March 14, 2018//

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WI Court of Appeals – District IV

Case Name: Wells Fargo, N.A. v. Amin U. Shaikh, et al.

Case No.: 2016AP1885

Officials: Sherman, Blanchard and Kloppenburg, JJ.

Focus: Foreclosure – Untimely Filing

This appeal arises from a consolidated case consisting of two actions: (1) a foreclosure action brought by Wells Fargo Bank, N.A., against Amin Shaikh and Naheed Shaikh; and (2) a declaratory judgment action brought by the Shaikhs against Wells Fargo asserting that Wells Fargo lacked the right to enforce the note and mortgage at issue in the foreclosure action. In August 2015, the circuit court entered an order for judgment and judgment in foreclosure in the consolidated case, which stated that, “Wells Fargo is entitled to foreclosure upon the note and mortgage.” In February 2016, the court entered an order in the consolidated case, signed by the judge, dismissing the Shaikhs’ claims against Wells Fargo with prejudice and including the statement, “This is a final judgment for purposes of appeal if signed by a circuit court judge.” In June 2016, the Shaikhs moved the court “to enter a final order for purposes of appeal in this case” because the August 2015 judgment concerning the foreclosure action did not include a statement that it was a final judgment or final order for purposes of appeal. On June 30, 2016, the court entered an order stating that, “WHEREAS the Court does not contemplate any additional matters in litigation at this state of the foreclosure proceeding; IT IS HEREBY ORDERED that this Order shall serve as a final order for purposes of appeal.”

The Shaikhs appeal the June 2016 Order, challenging certain of the circuit court’s rulings leading up to and including the August 2015 Default Foreclosure Judgment. We conclude that this appeal was untimely filed. The February 2016 Dismissal Order was the final order for purposes of this appeal because it disposed of all issues between Wells Fargo and the Shaikhs in both of the actions in the consolidated case. The June 2016 Order did not render the February 2016 Dismissal Order any less final, nor did it extend the time during which the Shaikhs could appeal under WIS. STAT. § 808.04(1) (2015-16). Accordingly, we dismiss this appeal for lack of subject matter jurisdiction because the Shaikhs failed to timely file their appeal within ninety days of the February 2016 Dismissal Order as required by § 808.04(1).

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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.

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