Legal Opinion

First Financial Savings Ass'n v. Spranger

Court of Appeals of Wisconsin

Decided April 26, 1990No. 88-2068PublishedCited by 11 opinions

1Opinion of the CourtSundby, J.

In this appeal, we decide that in determining "fair value" under sec. 846.165(2), Stats., the circuit court did not abuse its discretion in refusing to consider the mortgagee/purchaser's anticipated costs between confirmation of the sale of the mortgaged premises and the mortgagee's sale to a third party. We therefore affirm the circuit court's order.

First Financial foreclosed on residential property mortgaged to it by Thomas E. Spranger and Cindy Spranger. It purchased the property at sheriffs sale for $26,400, substantially less than the amount due on the note and mortgage. The circuit…

2Cases cited5 opinions

  1. First Wisconsin National Bank v. KSW Investments Inc.Wisconsin Supreme Court · 1976
  2. Wisconsin Brick and Block Corp. v. VogelWisconsin Supreme Court · 1972
  3. Northwestern Loan & Trust Co. v. BidingerWisconsin Supreme Court · 1937
  4. Baumgarten v. BubolzCourt of Appeals of Wisconsin · 1981
  5. Verex Assurance, Inc. v. AABREC, Inc.Court of Appeals of Wisconsin · 1989

3Cited by11 opinions

  1. Olathe Bank v. MannSupreme Court of Kansas · 1993
  2. Bank of New York v. MillsCourt of Appeals of Wisconsin · 2004
  3. Olathe Bank v. MannCourt of Appeals of Kansas · 1992
  4. Security State Bank v. SechenCourt of Appeals of Wisconsin · 2005
  5. Bank of New York v. Shirley T. CarsonWisconsin Supreme Court · 2015

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