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BANK ONE WISCONSIN v. KAHL

No. 02-0835.

258 Wis.2d 937 (2002)

2002 WI App 312

655 N.W.2d 525

BANK ONE WISCONSIN, f/k/a Bank One Milwaukee, Plaintiff-Appellant, v. Robert H. KAHL and Kay F. Kahl, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided November 12, 2002.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Penny G. Gentges of Bass & Moglowski, S.C. of Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Benjamin D. LaFrombois of LaFrombois Law Office, LLC.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. CANE, C.J.

Bank One Wisconsin, f/k/a Bank One Milwaukee, appeals an order reinstating a foreclosure judgment entered against Robert and Kay Kahl, obtained upon default. Believing there was sufficient equity in the Kahls' home to satisfy the debt, Bank One did not seek a deficiency judgment. After the court entered the default judgment, Bank One learned the terms of a senior mortgage on the Kahls' home greatly reduced the believed amount of equity. Eighteen...

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