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FIRST WISCONSIN TRUST CO. v. ROSEN

No. 87-0114.

143 Wis.2d 468 (1988)

422 N.W.2d 128

FIRST WISCONSIN TRUST COMPANY, Trustee of the Marion G. Struhelka Trust, an undivided 1/6 interest, First Wisconsin Trust Company, Trustee of the Charles L. Goldberg Trust for Ellen P. Stein, an undivided 1/6 interest, Samuel D. Gregg, an undivided 1/3 interest, Kate Goldberg, an undivided 1/6 interest, and Dr. Lynn McWilliams, an undivided 1/6 interest, Plaintiffs-Respondents, v. Michael D. ROSEN, Catherine Rosen, Sidney J. Friedman Irrevocable Trust by its Trustees, Gerald J. Kahn and Robert J. Friedman, Defendants-Respondents, CONTINENTAL BANK & TRUST COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 10, 1988.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant the cause was submitted on the brief of C. Scott Pryor of Howard, Peterman, Solochek, Grodin & Nashban, S.C., of Milwaukee. Oral argument by attorney C. Scott Pryor and attorney James Grodin.

On behalf of Ronald Rosen, not a party to the action, the cause was submitted on the brief of Steven L. Stolper of Polacheck & Harris, of Milwaukee. Oral argument by attorney Steven L. Stolper.

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

BROWN, P.J.

Continental Bank & Trust Company appeals from an order confirming the foreclosure sale of real property. Continental argues that the trial court improperly awarded surplus proceeds from the sale to satisfy tax liens at the expense of foreclosed junior lienholders, depriving the junior lienholders of their only source of secured monies. We agree and therefore reverse.

First Wisconsin Trust Company commenced this action seeking foreclosure of...

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