By: Derek Hawkins//October 14, 2020//
WI Court of Appeals – District III
Case Name: U.S. Bank National Association, et al., v. Jeffrey B. Van Goethem, et al.,
Case No.: 2019AP1375
Officials: Stark, P.J., Hruz and Seidl, JJ.
Focus: Judgment Award
Jeffrey and Sherilyn Van Goethem appeal a foreclosure judgment granted on U.S. Bank National Association’s (U.S. Bank) summary judgment motion. The Van Goethems argue that, for a number of reasons, the circuit court erred by granting U.S. Bank a judgment in the amount of $289,437.75. The Van Goethems also argue the court erred by including in its judgment an order correcting a scrivener’s error in the mortgaged premises’ legal description.
We reject the Van Goethems’ arguments regarding the circuit court’s grant of the foreclosure judgment in the amount of $289,437.75, with one exception. Specifically, we agree with the Van Goethems that the court erred by including in the judgment an award of $3357.50 for a “prior servicer fee.” As to the court’s correction of the scrivener’s error in the mortgaged premises’ legal description, we conclude the court’s action was authorized by WIS. STAT. § 847.07 (2017-18). We therefore affirm the foreclosure judgment in part, reverse in part, and remand for the circuit court to enter judgment consistent with this opinion.