COUNTRYWIDE HOME LOANS, INC. v. SCHMIDT

No. 2006AP2908.

742 N.W.2d 901 (2007)

2007 WI App 243

COUNTRYWIDE HOME LOANS, INC. d/b/a America's Wholesale Lender, for the benefit of UBS Warburg Real Estate Securities, Inc., Plaintiff-Appellant v. Gary C. SCHMIDT, unknown spouse of Gary C. Schmidt, and Wisconsin Department of Workforce Development, Defendants-Respondents, Jeanne Mayer, Defendant-Third-Party, Plaintiff-Respondent, v. Todd A. Brunner, Third-Party Defendant.

Court of Appeals of Wisconsin.

Opinion Filed October 10, 2007.


Attorney(s) appearing for the Case

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

On behalf of the defendant-third-party plaintiff-respondent, the cause was submitted on the brief of David A. Wanta of Trapp & Hartman, S.C., of Brookfield and Kent A. Tess-Mattner of Schmidt, Rupke, Tess-Mattner & Fox, S.C., of Brookfield.

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


¶ 1 BROWN, C.J.

Equitable subrogation is a doctrine whereby one who has paid off another's mortgage obligation is treated as the owner of that obligation. In this case, Countrywide Home Loans, Inc. lent Gary Schmidt $360,000 secured by a home mortgage. There was a problem, though—at the time Countrywide lent Schmidt the money, the house was no longer Schmidt's to mortgage. Jeanne Mayer had contracted to buy it for $300,000 and had sued Schmidt for specific...

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