It is common that at a foreclosure sale the mortgagee Bank will submit the winning bid at the amount owed on the mortgage of the property at issue. But what if the amount owed is significantly less than the “market value” of the house? Can the court under Wisconsin law refuse to confirm the sale as unconscionable? The answer in Wisconsin appears to be – the court can only refuse to confirm the sale if there is a demand by the Bank for a deficiency judgment and either the price is inadequate due to a mistake, misapprehension or inadvertence or the price is so inadequate that it shocks the conscience of the court. In other words, if the Bank doesn’t seek a deficiency judgment, then mere inadequacy of price is not a sufficient reason for a court to fail to confirm a sale. Such propositions were set forth in a recent unpublished Wisconsin Court of Appeals decision, Countrywide Home Loans, Inc. v. Daniel J. Russ, et al, Appeal No. 2009AP2873.
Continue Reading Inadequate Price Not Enough to Allow Courts to Stop Confirmation of a Foreclosure Sale