Narrative Opinion Summary
The case involves an appeal by borrowers against a foreclosure judgment granted in favor of Deutsche Bank Trust Company. The borrowers challenged the circuit court's dismissal of their affirmative defenses and the summary judgment awarded to the Bank. Initially, the borrowers secured a loan from Intervale Mortgage Corporation, which was later assigned to Deutsche Bank. After filing for bankruptcy and entering into a reaffirmation agreement with Deutsche Bank, the Bank commenced foreclosure proceedings in 2017, citing a default from February 2009. The borrowers alleged violations of the statute of limitations and the Truth in Lending Act (TILA), but the circuit court granted the Bank's motion for summary judgment, supported by a foreclosure analyst's affidavit. The court found no genuine issues of material fact, as the Bank provided sufficient evidence of its status as the current noteholder and the borrowers failed to dispute the amount owed. The court applied a thirty-year statute of limitations for mortgage foreclosures, rejecting the borrowers' assertion of a six-year limit. The TILA defense was dismissed due to the reaffirmation agreement, affirming the foreclosure judgment in favor of Deutsche Bank.
Legal Issues Addressed
Business Records Exception to Hearsaysubscribe to see similar legal issues
Application: Syvertson's affidavit satisfied the business records exception by confirming records were maintained in the normal business course and that he had personal knowledge of their maintenance.
Reasoning: Syvertson's affidavit confirmed that his employer maintained the accounting and mortgage loan records for the Heckers' mortgage, asserting that these records were created and preserved in the normal business course.
Statute of Limitations in Mortgage Foreclosuresubscribe to see similar legal issues
Application: The court applied a thirty-year statute of limitations for real estate actions instead of the six-year limit for contract actions, affirming the appropriateness for mortgage foreclosure.
Reasoning: The Bank and the circuit court applied the thirty-year statute under WIS. STAT. § 893.33 for real estate actions, which was affirmed as appropriate for mortgage foreclosure.
Summary Judgment Standardssubscribe to see similar legal issues
Application: The court reviews summary judgment de novo, affirming that it should be granted when there are no genuine issues of material fact.
Reasoning: The court reviews summary judgment de novo, affirming that it should be granted when there are no genuine issues of material fact.
Truth in Lending Act (TILA) Defensesubscribe to see similar legal issues
Application: The Heckers' TILA defense was dismissed due to their prior reaffirmation agreement with Deutsche Bank, negating claims of not being notified of the mortgage transfer.
Reasoning: The Heckers contested the dismissal of their defense alleging a violation of the Truth in Lending Act (TILA), asserting they were not notified of the mortgage transfer to Deutsche Bank.