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STATE BANK OF HARTLAND v. ARNDT

No. 84-1683.

129 Wis.2d 411 (1986)

385 N.W.2d 219

STATE BANK OF HARTLAND, a Wisconsin banking corporation, Plaintiff-Respondent, v. Gerald ARNDT, a/k/a Gerald C. Arndt and Evelyn M. Arndt, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided February 20, 1986.

Attorney(s) appearing for the Case

For the defendants-appellants the cause was submitted on the briefs of R. Arthur Ludwig and Ludwig & Shlimovitz, S.C. of Milwaukee.

For the plaintiff-respondent the cause was submitted on the brief of Thomas R. Fahl and Brendel, Flanagan, Sendik & Fahl, S.C. of Milwaukee.

Before Gartzke, P.J., Dykman, J., and Eich, J.

GARTZKE, P.J.

Gerald and Evelyn Arndt appeal from a judgment in favor of The State Bank of Hartland foreclosing Arndts' interests in their homestead. Arndts contend that the bank is barred from foreclosing its real estate security interest because (1) the bank breached various duties to them by permitting a financing statement covering their business assets to lapse, (2) foreclosure against Evelyn's interest is precluded by her failure to sign a secured note, and...

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