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U.S. BANK, N.A. v. LANDA

No. 2010AP3036.

804 N.W.2d 835 (2011)

2011 WI App 135

U.S. BANK, N.A., as Trustee for the Pooling and Servicing Agreement Dated as of September 1, 2005 Home Equity Mortgage Asset Backed Pass-Through Certificates Series 2005-EMX3, Plaintiff-Appellant, v. Brenda LANDA a/k/a Brenda Best, Defendant, Meadowland Villa Condominium Owners Association, Inc., Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed August 17, 2011.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of David M. Potteiger of Bass & Moglowsky, S.C., Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Nicholas J. Infusino of Madrigrano, Aiello and Santarelli, LLC, Kenosha.

Before BROWN, C.J., REILLY and VERGERONT, JJ.

REILLY, J.

¶ 1 This action involves the relationship of condominium liens and their priority to mortgages recorded before the assessment of condominium liens. WISCONSIN STAT. § 703.165(5) (2009-10)1 provides that a condominium lien has priority over all other liens, aside from five exceptions. One of those exceptions is "a first mortgage recorded prior to" a condominium lien. Sec. 703.165(5)(b). Meadowland Villa Condominium Owners...

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