State Bank of La Crosse v. Elsen

Francis and Martha Elsen appeal a summary judgment in favor of State Bank of La Crosse foreclosing a real estate security agreement on their home. We conclude that a genuine factual issue exists as to whether the terms of the security agree ment resulted from the mutual mistake of the parties or from the bank's misrepresentation of its contents. We therefore reverse.

Section 802.08, Stats., governs summary judgment. Its purpose is to determine whether a dispute can be resolved without a trial. Summary judgment methodology must be followed by both the appellate court and the trial court. In re…