Rosendale State Bank v. Schultz

Nancy and Fred Schultz appeal from a judgment of foreclosure and an order denying their motion to dismiss the action. The trial court rejected the Schultzes’ claim that the action should be dismissed because they did not receive notice of default and right to cure such default under sec. 425.104, Stats. We agree with the trial court that the Schultzes were not entitled to such a notice. Accordingly, we affirm.

On January 5, 1977, Nancy and Fred Schultz obtained a loan from the Rosendale State Bank in the amount of $17,500. To secure the loan, the Schultzes gave a mortgage on their residence.…