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HARVEST SAV. BANK v. ROI INVESTMENTS

No. 98-2320.

228 Wis.2d 733 (1999)

598 N.W.2d 571

HARVEST SAVINGS BANK a/k/a Harvest Savings Bank, F.S.B., Plaintiff, v. ROI INVESTMENTS, a Wisconsin general partnership, Defendant-Respondent, John R. AMMERMAN, Richard L. Klein, Payne and Dolan, Inc., Richard Senn and Denise Senn, Defendants, COMMUNITY NATIONAL BANK, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 10, 1999.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Daniel W. Stolper and Meg Vergeront, Stafford, Rosenbaum, Rieser & Hansen of Madison.

On behalf of the defendant-respondent, the cause was submitted on the brief of Larry I. Hanson of Hanson & Clark of Madison.

Before Dykman, P.J., Roggensack and Deininger, JJ.

DEININGER, J.

This appeal arises from the aftermath of a mortgage foreclosure and sale. Community National Bank (CNB), the holder of a second mortgage, appeals a judgment requiring it to reimburse the mortgage debtor, ROI Investments, for ROI's overpayment of the second-mortgage debt. CNB contends on appeal that the trial court lacked the authority to enter a judgment requiring it to reimburse ROI. We conclude that in this foreclosure action, the trial court acted...

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