President Trump recently signed into law the Economic Growth, Regulatory Relief, and Consumer Protection Act (the “Act”). The Act is intended to scale back parts … Read more→
As we have previously written, a foreclosing bank must prove that it holds the original note in order to obtain a foreclosure judgment in Wisconsin. Consequently, … Read more→
Wisconsin’s foreclosure statute (Chapter 846) recently has been amended by three separate legislative acts. First, the process for recording sheriff’s deeds after sale has been … Read more→
The Wisconsin Supreme Court has ruled that a circuit court may “decouple” the confirmation of a winning bid at sheriff’s sale in a foreclosure action … Read more→
In a 6-0 decision, the Wisconsin Supreme Court has decided that circuit courts have the power to award attorney fees as part of an equitable … Read more→
The State of Wisconsin maintains a website (wccabeta.wicourts.gov) that provides public access to certain records of the Wisconsin circuit courts. The website is very user-friendly … Read more→
As most businesses know, getting paid can sometimes be difficult and time consuming. Unfortunately, in certain cases trying to collect on an outstanding debt can … Read more→
The Wisconsin Court of Appeals recently held that land contract purchasers who were brought into a foreclosure action by a bank against the land contract … Read more→
The Wisconsin Court of Appeals recently held in Green Tree Servicing v. Lorang (December 14, 2017) (per curiam), that a trial court did not erroneously … Read more→
The LIBOR interest rate benchmark is set to be phased out as the main index in the market by the end of 2021. An estimated … Read more→
The Court of Appeals recently ruled in Central Bank v. Hanson that a successor lender was properly sanctioned for the false testimony of its predecessor. … Read more→
Litigation is deadline driven, and missing a statutory or court-ordered deadline can have dire consequences. Because many deadlines are expressed as a certain number of … Read more→
The Wisconsin Court of Appeals recently held in Bank Mutual v. Sherman, No. 2015AP2357 (May 17, 2017) (per curiam), that an ex-husband’s guaranty of his then-wife’s … Read more→
The Wisconsin Supreme Court recently held in Parsons v. Associated Banc-Corp. that contractual pre-litigation jury waivers are enforceable under Wisconsin law. This case is particularly … Read more→
The Wisconsin Court of Appeals has affirmed a trial court determination that a company’s agreement to forego or postpone legal action was adequate consideration for … Read more→
The Wisconsin Court of Appeals has affirmed a trial court determination that a lender breached the terms of its note and mortgage as well as … Read more→
The Seventh Circuit Court of Appeals with appellate jurisdiction over Illinois, Indiana and Wisconsin recently held that the standard-form title-insurance policy that lenders purchase for … Read more→
The Wisconsin Court of Appeals has affirmed a trial court’s decision denying a foreclosure judgment to a bank because its loan officer breached his fiduciary … Read more→
Stroud, Willink & Howard is proud to announce that its attorneys have prevailed in the Supreme Court of Wisconsin case of Fontana Builders, Inc., et … Read more→
Stroud, Willink & Howard is proud to announce the contribution of its attorneys, Norm Farnam and John Laubmeier, to the newly published 2015-16 Supplement to … Read more→
For many years, Federal district and bankruptcy courts have required electronic filing of all pleadings. Likewise, the Wisconsin Supreme Court and Court of Appeals have … Read more→
The Wisconsin Supreme Court has held that condominium associations may not bar use of amenities for unpaid condominium fees on a foreclosed condominium unit. The … Read more→
This week, Governor Walker signed into law revisions to Wisconsin’s foreclosure statutes that give lenders more flexibility to deal with foreclosed, abandoned properties (known as … Read more→
Yesterday Governor Walker signed 2015 Assembly Bill 720, enacting 2015 Wisconsin Act 376 and shortening the redemption periods in residential foreclosure actions. The Act became … Read more→
The Wisconsin Court of Appeals recently upheld a summary judgment ruling in favor of Kathleen Mertz, who had an unrecorded land contract that the court … Read more→
Lenders foreclosing abandoned residential properties (known as “zombie properties”) will likely regain some of the flexibility they lost as a result of the 2015 Wisconsin … Read more→
Redemption periods in residential foreclosures will be shortened if (or when) 2015 Assembly Bill 720 is enacted, which has passed both houses of the Wisconsin … Read more→
In a recent bankruptcy action, the Court of Appeals for the Seventh Circuit (which covers Illinois, Indiana and Wisconsin) stripped a bank’s senior secured creditor … Read more→
Wisconsin has a new law which prohibits lawsuits against financial institutions to enforce oral promises or commitments. With several important exceptions, the effect of the … Read more→
The Wisconsin Court of Appeals recently held that an “as-is” clause in the contract between a bank selling a foreclosed property and a buyer did … Read more→
The Wisconsin Court of Appeals has recently ruled that a bank was not entitled to summary judgment of foreclosure because the bank failed to submit … Read more→
The Know Before You Owe mortgage disclosure rule, also referred to as the TILA-RESPA Integrated Disclosure rule, is now set to go into effect on … Read more→
Stroud, Willink & Howard is proud to announce the contribution of its attorneys, Norm Farnam and John Laubmeier, to the newly published 5th Edition of … Read more→
The Wisconsin Court of Appeals recently issued an unpublished decision that has the potential to significantly increase the risks associated with condominium lending in the … Read more→
Two of America’s largest and most respected law firms accidently released the collateral for a $1.5 billion loan. The debtor, General Motors, was in bankruptcy … Read more→
The Wisconsin Supreme Court has ruled that circuit courts may (perhaps must) order lenders to complete foreclosures and bring abandoned properties (known as “zombie properties”) … Read more→
Organizing a corporation or limited liability company (LLC) is easy and inexpensive and gives the owner the potential benefit of limited personal exposures for liabilities … Read more→
Can a lender be forced to take a foreclosed property to sheriff’s sale even if it doesn’t want to? After three recent conflicting opinions released … Read more→
On July 10, 2014, the Wisconsin Supreme Court ruled that the doctrine of equitable assignment is still the law in Wisconsin. Equitable assignment, first recognized … Read more→
Wisconsin has adopted new rules governing the process of paying off and satisfying mortgages. The law was born out of the frustration of borrowers, particularly … Read more→
UPDATE: The Wisconsin Supreme Court has accepted the Bank of New York v. Carson case for review during its 2014-2015 term. The Wisconsin Court of … Read more→
There is a new local rule for Dane County Courts that expands the scope of the foreclosure alternative dispute resolution (ADR) rule so that lenders … Read more→
Are you ready for changes effective July 1, 2013? Norm Farnam provides compliance tips in the July issue of Wisconsin Lawyer magazine. To view the … Read more→
June 13-14, 2013 | Marriott West |Madison, WI Norm Farnam will present “Special Problems in Foreclosing Condominiums” at the 3rd Annual Real Estate and Business … Read more→
“My job is to see the future and help my clients prepare now and even shape it. Doing that job well requires experience, expertise, and … Read more→
