By: Derek Hawkins//March 20, 2018//
WI Court of Appeals – District III
Case Name: Wells Fargo Bank, N.A., v. Brian D. Udean, et al.
Case No.: 2017AP507
Officials: Stark, P.J., Hruz and Seidl, JJ.
Focus: Foreclosure
Kathleen Udean appeals a summary judgment reforming an earlier foreclosure judgment to correct an error in the legal description of the property. She argues: (1) the terms of the mortgage were unambiguous and satisfied the requirements of WIS. STAT. § 706.02(1) (2015-16), and, as a result, there is no legal basis for reformation; (2) summary judgment was inappropriate because there are outstanding issues of material fact regarding mutual mistake; and (3) the court should have stricken the affidavit of Savannah Witte because it was not based on personal knowledge and contained hearsay. We reject these arguments and affirm the judgment.