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Foreclosure

By: Derek Hawkins//March 20, 2018//

Foreclosure

By: Derek Hawkins//March 20, 2018//

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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.

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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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