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Court Error – Abuse of Discretion

WI Court of Appeals – District III

Case Name: MidCounty Bank v. Todd C Bork, et al.

Case No.: 2018AP1877; 2018AP1878

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

Focus: Court Error – Abuse of Discretion

MidCountry Bank appeals an order voiding a sheriff’s sale of Todd and Carolyn Bork’s home and prohibiting MidCountry from executing a judgment on the Borks’ real property for as long as it remains their primary residence. MidCountry argues that the circuit court erred by utilizing its equitable powers to prohibit execution of the Bank’s judgment against the Borks’ residential property under WIS. STAT. ch. 815 (2017-18). We agree.  Accordingly, we reverse the order.

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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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