Judgment Award

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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.

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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.