LINCOLN STATE BANK v. CARRILLO

No. 2006AP68.

725 N.W.2d 634 (2006)

2006 WI App 237

In the Matter of the foreclosure action in re LINCOLN STATE BANK v. Christopher R. CARRILLO, et al. Edward A. Osterberg, Appellant, v. Lincoln State Bank, Christopher R. Carrillo, Carrie A. Carrillo, Roomates, Ltd. and Kathleen Mertz, Respondents.

Court of Appeals of Wisconsin.

Opinion Filed October 4, 2006.


Attorney(s) appearing for the Case

On behalf of the appellant, the cause was submitted on the briefs of Deanna N. Senske of Renee E. Mura, S.C. of Kenosha.

On behalf of the respondent Lincoln State Bank, the cause was submitted on the brief of M.J. Duginski of Krawczyk, Duginski & Rohr, S.C. of New Berlin.

On behalf of the respondent Roomates, Ltd., the cause was submitted on the brief of Robert R. Henzl, JoAnne Breese-Jaeck and Christopher A. Geary of Hostak, Henzl & Bichler, S.C. of Racine.

On behalf of the respondent Kathleen Mertz, the cause was submitted on the brief of Michael J. Lade of Milwaukee.

Before SNYDER, P.J., BROWN and NETTESHEIM, JJ.


¶ 1 BROWN, J.

Edward Osterberg appeals from an order vacating his purchase of foreclosed property. Due to miscommunication between the seller, Lincoln State Bank, and its lawyer, the bank had proceeded with the confirmation hearing after the sale despite having received payment from the mortgagor. When the bank realized the error, it brought the matter to the circuit court, and the circuit court found that Roomates, Ltd., the owner of the property, had redeemed...

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