Trusts and Estates

By: WISCONSIN LAW JOURNAL STAFF//April 17, 2023//

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WI Court of Appeals – District III

Case Name: Marine Credit Union v. Estate of Robert M. Pratsch

Case No.: 2021AP001505

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

Focus: Trusts and Estates

The Estate of Robert Pratsch appeals an order granting the surplus proceeds of a foreclosure action to North Shore Bank FSB. The Estate argues that while North Shore was a party to the foreclosure action, it was not entitled to the surplus because it did not have a lien on the foreclosed properties at the time of the foreclosure sales. The appeals court concludes the circuit court did not erroneously exercise its discretion by equitably awarding the surplus to North Shore. The Estate also fails to identify any legal authority suggesting that the court erred, as a matter of law, by awarding the surplus as an equitable remedy

Affirmed.

Decided 04/11/23

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