Mortgage Foreclosure – Statutory Notice

By: Derek Hawkins//October 30, 2019//

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WI Court of Appeals – District III

Case Name: River Valley Bank v. Brenda M. White, et al.

Case No.: 2018AP2387

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

Focus: Mortgage Foreclosure – Statutory Notice

In this mortgage foreclosure action, Brenda Gehring appeals an order denying her motion to set aside an order confirming a sheriff’s sale. Gehring argues the circuit court should have granted her motion because she did not receive a notice of the confirmation hearing that satisfied the requirements set forth in WIS. STAT. § 846.165. We agree that Gehring was entitled to, and did not receive, a notice of the confirmation hearing that complied with § 846.165. However, given that Gehring’s attorney had actual notice of the confirmation hearing, we conclude Gehring waived her objection to the lack of statutory notice by failing to object on that basis before the court confirmed the sheriff’s sale. We therefore 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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