U.S. v. DAVIS

No. 91-1678.

961 F.2d 603 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Charles DAVIS, individually and on behalf of all others similarly situated, Defendant/Third-Party Plaintiff-Appellee, v. Edward DERWINSKI, or his successor, Administrator of the Veterans Administration, Third-Party Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 3, 1992.

Order, April 20, 1992.

Rehearing and Rehearing Denied May 18, 1992.


Attorney(s) appearing for the Case

John E. Fryatt, U.S. Atty., Chris R. Larsen, Asst. U.S. Atty., Office of the U.S. Atty., Milwaukee, Wis., Mark Stern, Malcolm L. Stewart (argued), Department of Justice Civ. Div., Appellate Section and Ann Southworth, U.S. Atty., Department of Justice, Civ. Div., Washington, D.C., for the U.S. and Edward Derwinski, or his successor, Administrator of the Veterans Administration.

David Leen (argued), Leen & Moore, Seattle, Wash. and Charles H. Barr, Milwaukee, Wis., for Charles Davis, individually and on behalf of all others similarly situated.

Alan Lee and James E. Doyle, Atty. Gen., Office of the Atty. Gen., Wisconsin Dept. of Justice, Madison, Wis., for the State of Wis.

Before CUDAHY and KANNE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.


Rehearing and Rehearing En Banc Denied May 18, 1992.

ESCHBACH, Senior Circuit Judge.

Wisconsin's real estate foreclosure law allows lenders to choose between two different foreclosure routes. Route one gives the borrower a long redemption period but allows the lender to preserve its right to collect a deficiency judgment from the borrower. Route two provides for expedited foreclosure but requires the lender to forego...

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