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ROSENDALE STATE BANK v. SCHULTZ

No. 84-1590.

123 Wis.2d 195 (1985)

365 N.W.2d 911

ROSENDALE STATE BANK, a Wisconsin banking corporation, Plaintiff-Respondent, v. Fred A. SCHULTZ, Jr., and Nancy J. Schultz, Defendants-Appellants, Alan Thomas SCHULTZ, Frederick Albert Schultz, and Michael Frances Schultz, Defendants.

Court of Appeals of Wisconsin.

Decided February 13, 1985.

Attorney(s) appearing for the Case

For the defendants-appellants, the cause was submitted on the brief of William R. Slate, of Slate Law Offices, of Markesan.

For the plaintiff-respondent, the cause was submitted on the brief of Hale Wagner, of Wagner and Wagner, of Waupun.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

NETTESHEIM, J.

Nancy and Fred Schultz appeal from a judgment of foreclosure and an order denying their motion to dismiss the action. The trial court rejected the Schultzes' claim that the action should be dismissed because they did not receive notice of default and right to cure such default under sec. 425.104, Stats. We agree with the trial court that the Schultzes were not entitled to such a notice. Accordingly, we affirm.

On January 5, 1977, Nancy and Fred...

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