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Foreclosure – Good Faith

By: Derek Hawkins//March 20, 2019//

Foreclosure – Good Faith

By: Derek Hawkins//March 20, 2019//

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WI Court of Appeals – District I

Case Name: Deutsche Bank National Trust Company v. Brittany A. Buboltz, et al.

Case No.: 2018AP263

Officials: Kessler, P.J., Brennan and Dugan, JJ.

Focus: Foreclosure – Good Faith

Deutsche Bank National Trust Company appeals from the judgment in favor of Brittany Buboltz and Alec Dishaw (collectively Purchasers), dismissing Deutsche Bank’s foreclosure action against the Purchasers with prejudice. The trial court found that Deutsche Bank was barred from pursuing the foreclosure action pursuant to WIS. STAT. § 806.07(2) as a matter of law. It also found that equitably, Deutsche Bank should not be able to sit on its hands beyond the one year period in § 806.07(2). The trial court then granted summary judgment in favor of the Purchasers and dismissed Deutsche Bank’s claim, with prejudice and on the merits. This appeal followed.

On appeal, Deutsche Bank argues that the trial court erred in granting summary judgment in favor of the Purchasers because: (1) its mortgage was a prior, superior interest of record; (2) the stipulation did not discharge the mortgage; (3) WIS. STAT. § 806.07(2) does not apply where the prior foreclosure action was dismissed without prejudice; (4) the Purchasers were not good faith purchasers; and (5) the trial court erred because the Purchasers did not prove estoppel and/or laches. The Purchasers argue that the mortgage was extinguished by the stipulation and order, and that the mortgage is unenforceable as a matter of equity. We reverse the trial court’s grant of summary judgment and remand for further proceedings consistent with this opinion.

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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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