Court Error – Foreclosure

By: Derek Hawkins//May 29, 2019//

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WI Court of Appeals – District II

Case Name: Deutsche Bank National Trust Company v. Michael A. Hecker, et al.

Case No.: 2018AP1237-FT

Officials: Neubauer, C.J., Reilly, P.J., and Hagedorn, J.

Focus: Court Error – Foreclosure

Michael A. and Kathryn L. Hecker appeal from a judgment of foreclosure entered in favor of Deutsche Bank Trust Company (the Bank). The Heckers argue that the circuit court erred in dismissing their affirmative defenses and granting summary judgment to the Bank. Pursuant to a presubmission conference and this court’s order of July 24, 2018, the parties submitted memorandum briefs. See WIS. STAT. RULE 809.17(1) (2017-18). The Heckers contend that the Syvertson affidavit fails to allege “sufficient personal knowledge of the Hecker loan” to qualify as a business records exception to the hearsay rule under WIS. STAT. § 908.03(6), and that, therefore, the Bank did not establish its right of enforcement or the amount due and owing. We affirm.

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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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