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EQUITABLE BANK, S.S.B. v. CHABRON

No. 99-2639.

238 Wis.2d 708 (2000)

2000 WI App 210

618 N.W.2d 262

The EQUITABLE BANK, S.S.B., Plaintiff, v. Charles CHABRON, a/k/a Charles K. Chabron, and Eva Chabron, a/k/a Eva I. Chabron, Defendants-Appellants, James C. McDONALD and Rita McDonald, Defendants-Respondents, STILLBROOK HOLLOW CONDOMINIUM OWNERS ASSOCIATION, INC., Defendant.

Court of Appeals of Wisconsin.

Decided August 23, 2000.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the brief of Leonard G. Leverson of Kravit, Gass, Hovel & Leitner, S.C., Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Alan H. Deutch of Deutch & Weiss, Glendale.

Before Brown, P.J., Nettesheim and Anderson, JJ.

¶ 1. ANDERSON, J.

This appeal concerns a dispute over the surplus funds resulting from a mortgage foreclosure sale of a condominium property. Charles and Eva Chabron appeal from an order determining that James C. and Rita McDonald were entitled to the entire surplus because of an in-court, oral stipulation made in a companion case. The Chabrons contend that (1) the stipulation was not a valid mortgage under WIS. STAT...

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