Court Error – Foreclosure

By: Derek Hawkins//May 30, 2018//

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WI Court of Appeals – District II

Case Name: Rural Housing Service F/D/B Farmers House Administration v. Linda L. Middaugh-Pirkov

Case No.: 2017AP1677

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Court Error – Foreclosure

Linda Middaugh-Pirkov (Middaugh), pro se, appeals a summary judgment of foreclosure in favor of Rural Housing Service f/d/b Farmers Home Administration (RHS). We conclude the circuit court erred by granting RHS summary judgment on its foreclosure claim because RHS failed to make a prima facie case for summary judgment. Further, even assuming RHS made a prima facie case, Middaugh’s response demonstrated the existence of a genuine issue of material fact. We therefore reverse the foreclosure judgment and remand for further proceedings. We either reject, or need not address, Middaugh’s other appellate arguments.

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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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