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  • Writer's pictureAttorney Jason A Greller

WI Supreme Court Lets Mortgage Companies Off the Hook

The Wisconsin Supreme Court, in a terrible decision, ruled that an attorney's presentment of an original note secured by a mortgage in court was enough to establish that the bank was entitled to a judgment of foreclosure based on "possession" of the note.

In Deutsche Bank National Trust Co. v. Wuensch, 2018 WI 35 (April 17, 2018), the majority ruled that “presentment of a party’s attorney of an original, wet-ink note endorsed in blank is admissible evidence and enforceable against the borrower without further proof that the holder had possession at the time the foreclosure action was filed.”

In reaching their decision, the majority ignored well established evidentiary rules and instead allowed an attorney to introduce unsworn statements without calling a witness. Apparently, only Justices Bradley and Abrahamson are uncomfortable allowing a bank's attorney to establish possession of the note by simply presenting a purported original in court without a witness.

I have my old evidence textbook from law school. I'll drop it off at the Supreme Court and hope that the majority justices will take a peek.

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