DOW FAMILY, LLC v. PHH MORTG. CORP.

No. 2013AP221.

838 N.W.2d 119 (2013)

2013 WI App 114

DOW FAMILY, LLC, Plaintiff-Appellant, v. PHH MORTGAGE CORPORATION, Defendant-Respondent, U.S. Bank, N.A., Defendant.

Court of Appeals of Wisconsin.

Opinion Filed August 6, 2013.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Joe Thrasher of Thrasher, Pelish, Franti & Heaney, Ltd., Rice Lake.

On behalf of the defendant-respondent, the cause was submitted on the brief of Mary Sue Anderson of Mallery & Zimmerman, S.C., Wausau.

Before HOOVER, P.J., MANGERSON and STARK, JJ.


STARK, J.

¶ 1 Dow Family, LLC, appeals a summary judgment of foreclosure entered in favor of PHH Mortgage Corporation. The circuit court concluded PHH's summary judgment submissions sufficiently established that it was entitled to foreclose a mortgage Dow's predecessors in title gave to another entity. On appeal, Dow argues PHH failed to make a prima facie case that it is entitled to enforce the note. Dow also contends there is no evidence the mortgage was validly...

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