A judgment of foreclosure is a final judgment within the meaning of Wis. Stat. § 808.03(1), which allows parties to appeal final judgments and orders as a matter of right. According to Wisconsin case law, “Judgment of foreclosure and sale is final judgment appealable as of right which must be appealed within time prescribed by statute.” Shuput v. Lauer, 325 N.W.2d 321, 109 Wis.2d 164 (1982).
The applicable time limit for an appeal of a judgment of foreclosure is, almost always, 45 days of entry of the final judgment of foreclosure. Wis. Stat. § 808.04(1).
Perhaps the most popular argument currently being used to appeal a judgment of foreclosure is an argument commonly referred to as ‘show me the note.’ Litigants arguing under ‘show me the note’ allege that the materials the bank or mortgage company submitted in support of its motion for summary judgment were insufficient to prove that the bank or mortgage company was the holder of the note, and that the Circuit Court erred when it granted the bank’s motion for judgment on the pleadings.
If you are interested in having an appeals lawyer assist with your Wisconsin foreclosure appeal, please contact The Alderman Law Firm today for your free consultation by calling 720-588-3529 (CO) or 608-620-3529 (WI).