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DOW FAMILY, LLC v. PHH MORTG. CORP.

No. 2013AP221.

848 N.W.2d 728 (2014)

2014 WI 56

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

Supreme Court of Wisconsin.

Decided July 10, 2014.

Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner, there were briefs by Joe Thrasher and Thrasher, Pelish, Franti & Heaney, Ltd., Rice Lake, and oral argument by Joe Thrasher.

For the defendant-respondent, there was a brief by Mary Sue Anderson and Mallery & Zimmerman, S.C., Wausau, and oral argument by Mary Sue Anderson.

An amicus curiae brief was filed by John E. Knight , Kirsten E. Spira , and Boardman & Clark LLP, Madison, on behalf of Wisconsin Bankers Association, and oral argument by John E. Knight.

An amicus curiae brief was filed by Michael B. Apfeld and Godfrey & Kahn, S.C., Milwaukee; and Robert J. Pratte and Fulbright & Jaworski LLP, Minneapolis, on behalf of Mortgage Electronic Registration Systems, Inc.

N. PATRICK CROOKS, J.

¶ 1 In 2009, Dow Family, LLC, (Dow) purchased a condominium located at unit four in the Island of Happy Days Condominiums. Unfortunately, the purchase did not result in happy days for Dow because PHH Mortgage Corporation (PHH) asserted that the condominium remained burdened by a mortgage after closing. Dow asks this court to find that the outstanding mortgage is unenforceable. Specifically, Dow argues that even if PHH can prove it holds...

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