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WELLS FARGO BANK, N.A. v. BIBA

No. 2009AP2273.

793 N.W.2d 95 (2010)

2010 WI App 140

WELLS FARGO BANK, N.A., Plaintiff-Respondent, v. James J. BIBA, Defendant-Appellant, Lisa S. Clason, Defendant.

Court of Appeals of Wisconsin.

Opinion Filed September 16, 2010.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Galen W. Pittman of Galen W. Pittman, S.C., La Crosse.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Robert M. Piette of Gray & Associates, LLP, New Berlin.

Before VERGERONT, P.J., LUNDSTEN and BLANCHARD, JJ.

LUNDSTEN, J.

¶ 1 This appeal involves a mortgage foreclosure action initiated by Wells Fargo Bank concerning a residential property owned by James Biba and Lisa Clason. Neither Biba nor Clason filed an answer, and the action proceeded to a foreclosure sale and confirmation of that sale. After the foreclosure sale was confirmed, Biba appeared for the first time and asked the circuit court to invalidate the confirmation. Biba argued then, and now on appeal, that...

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