Foreclosure – Unclean Hands

By: Derek Hawkins//January 23, 2019//

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WI Court of Appeals – District IV

Case Name: Nationstar Mortgage, LLC, v. Patricia Ann Murphy

Case No.: 2017AP2091

Officials: Blanchard, Kloppenburg, and Fitzpatrick, JJ.

Focus: Foreclosure – Unclean Hands

Patricia Ann Murphy and Patricia Gaffney appeal a judgment of foreclosure. The issues are whether the circuit court properly dismissed their counterclaims and whether the court properly granted summary judgment rejecting their affirmative defense of unclean hands. We conclude that the counterclaims were properly dismissed, but there is a dispute of material fact that precludes summary judgment on the affirmative defense. Therefore, we reverse and remand.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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