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BANK OF BARRON v. GIESEKE

No. 91-2527.

169 Wis.2d 437 (1992)

485 N.W.2d 426

BANK OF BARRON, Plaintiff-Respondent, v. Arthur H. GIESEKE, a/k/a Arthur Gieseke and Ellen G. Gieseke, Defendants, Lyle UFER, Gladys Ufer, Robert Gieseke and Lorraine Gieseke, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided May 12, 1992.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs and oral argument of Peter F. Herrell of Wiley, Wahl, Colbert, Norseng, Cray and Herrell, S.C. of Eau Claire.

On behalf of the plaintiff-respondent, the cause was submitted on the brief and oral argument of Gregory A. Jennings of Gregory A. Jennings Law Offices of Chetek.

Before Cane, P.J., LaRocque and Myse, JJ.

CANE, P.J.

Lyle and Gladys Ufer and Robert and Lorraine Gieseke (collectively "the Ufers") appeal a judgment of foreclosure in favor of the Bank of Barron. The trial court found that Arthur and Ellen Gieseke's (the debtors) notes to Barron were secured by a 1979 Consumer Real Estate Security Agreement (CRESA) covering the debtors' real property, and, therefore, the notes had priority over the Ufers' 1986 mortgages in the debtors' real property. The Ufers argue that...

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