LITIGATIONRESULTS - Whyte Hirschboeck Dudek SC

WHD Dismisses Counterclaims
Then Prevails at Trial
In Nationstar Mortgage, LLC v. Calvin C. Calkins, et al., WHD represented
Nationstar Mortgage, LLC in a consumer foreclosure case. The borrower
initially asserted eight separate counterclaims, all of which were dismissed on
motions before trial. At trial, the borrower refused to verify his signature on the
loan documents and maintained that the promissory note held by Nationstar
Mortgage was a photocopy. At trial, the borrower insisted he could not verify
his own signature and ultimately claimed that the endorsements on the
promissory note were fraudulent.
In a bench trial before Judge Richard Niess in Dane County Circuit Court,
WHD prevailed after offering the testimony of an expert forensic document
examiner, who opined that the signature on the note was an original and
the endorsements on the allonge to the promissory note were also original.
The court granted judgment in favor of Nationstar Mortgage, holding that
Nationstar Mortgage clearly held the original note, was entitled to enforce the
note, and to foreclose upon the property.
posnanski
NOWAKOWSKI
Litigation Type: Real estate, consumer financial services litigation,
lender liability
Court: Dane County Circuit Court
Lead WHD Counsel: Timothy Posnanski and Kenneth Nowakowski
Principal WHD Team Members: Timothy Posnanski, Kenneth
Nowakowski, Edward Heiser, Peter Sewell (paralegal), Debra Prim (paralegal)
Practice Areas Involved: Litigation, Consumer Financial Services
38 LITIGATION RESULTS