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Wisconsin

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Quick Facts
 
Capital: Madison
 
Area: 56,154 square miles
 
Ranks 26th in size
 
Nickname: Badger State
 
State Slogan: Stay Just a Little Bit Longer
 
Admission: 1848
 
State Flower: Violet
 
State Bird: Robin
Did you know?
  • The official domestic animal of Wisconsin is the dairy cow.
  •  
  • The National Freshwater Fishing Hall of Fame is located near Gordon Wisconsin.
  •  
  • The first statewide bicycle trail was created in Wisconsin.
  •  
  • The first white settlers in Wisconsin were lead miners.
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  • Crystal Cave is near Spring Valley, Wisconsin.
  •  
  • The first house in the United States to be wired for electricity was in Appleton, Wisconsin.
  •  
  • Wisconsin has over 15,000 miles of snowmobile trails.

In 1848, Wisconsin became the 30th State to be admitted into the United States of America. Below are excerpts of the Wisconsin Constitution followed by what has and is happening in Wisconsin.


The Constitution of Wisconsin
We, the people of Wisconsin, grateful to Almighty God for our freedom, in order to secure its blessings, form a more perfect government, insure domestic tranquility and promote the general welfare, do establish this constitution.
Preamble

The right of trial by jury shall remain inviolate, and shall extend to all cases at law without regard to the amount in controversy; but a jury trial may be waived by the parties in all cases in the manner prescribed by law. Provided, however, that the legislature may, from time to time, by statute provide that a valid verdict, in civil cases, may be based on the votes of a specified number of the jury, not less than five−sixths thereof.
Article 1, Section 5

No person may be held to answer for a criminal offense without due process of law…
Article 1, Section 8

Every person is entitled to a certain remedy in the laws for all injuries, or wrongs which he may receive in his person, property, or character; he ought to obtain justice freely, and without being obliged to purchase it, completely and without denial, promptly and without delay, conformably to the laws.
Article 1, Section 9

The right of every person to worship Almighty God according to the dictates of conscience shall never be infringed; nor shall any person be compelled to attend, erect or support any place of worship, or to maintain any ministry, without consent; nor shall any control of, or interference with, the rights of conscience be permitted, or any preference be given by law to any religious establishments or modes of worship; nor shall any money be drawn from the treasury for the benefit of religious societies, or religious or theological seminaries. [1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982]
Article 1, Section 18


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It is happening in Wisconsin



FIGHTING FORECLOSURE
Foreclosed homeowners challenge banks to prove they still hold their notes
"Fraud is an everyday occurrence in foreclosures,"....But many irregularities are never uncovered. The vast majority of foreclosed homeowners in Wisconsin don't contest the banks' actions, walking away from their homes, uprooting their families and leaving their credit in tatters....It is not implausible that there are home-owners who are...being foreclosed upon by lenders that might not even own such loans,"

Bank practices cause register of deeds offices to be flooded with fraudulent documents
Registrars' offices across Wisconsin are littered with paperwork signed and sworn to by fictitious people including "Linda Green," a handle commonly used by "robo-signers" - workers who signed off on foreclosure documents without verifying them...."We have a property recording system that dates back to the Middle Ages,"..."and MERS has just about destroyed it."


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 Tags: Wisconsin
Source: https://madison.com/wsj/news/local/crime_and_courts/foreclosed-homeowners-challenge-banks-to-prove-they-still-hold-their/article_98e90670-64d3-11e1-b12d-001871e3ce6c.html
Article by Dee J. Hall, March 4, 2012

Source: https://madison.com/swj/news/local/govt-and-politics/bank-practices-cause-register-of-deeds-offices-to-be-flooded/article_7b7e0dd2-64d9-11e1-be38-001871e3ce6c.html
Article by Dee J. Hall, March 5, 2012

 


Case Excerpts

Below are excerpts from legal cases that we have found during our research. Please note that we are not necessarily recommending or endorsing any of the cases or their outcomes. However, we have found the parts below to be helpful and informative in our battle.



Prior to Foreclosing Bank Must Prove They are the Current Holder of the Note
"¶ 4 It is undisputed that, at the foreclosure trial, Aurora had the burden of proving, among other things, that Aurora was the current 'holder' of a note obligating the Carlsens to make payments to Aurora. Because Aurora was not the original note holder, Aurora needed to prove that it was the current holder, which meant proving that it had been assigned the note. There appear to be other failures of proof, but in this opinion we focus our attention solely on whether Aurora presented evidence supporting the circuit court's findings that 'the business records of Aurora Loan Services show ... a chain of assignment of that ... note' and that 'Aurora is the holder of the note.'
¶ 5 As to assignment of the note, the Carlsens' argument is simple: the circuit court's findings are clearly erroneous because there was no admissible evidence supporting a finding that Aurora had been assigned the note. The Carlsens contend that, during the evidentiary portion of the trial, the circuit court properly sustained objections to Aurora's assignment evidence, but the court then appears to have relied on mere argument of Aurora's counsel to make factual findings on that topic. We agree.
¶ 6 We focus our attention on a document purporting to be an assignment of the note and mortgage from Mortgage Electronic Registration Systems to Aurora. At trial, this document was marked as Exhibit D. Although Aurora's counsel seemed to suggest at one point that certain documents, perhaps including Exhibit D, were certified, the circuit court determined that the documents were not certified.
¶ 7 Aurora argues that Conner's testimony is sufficient to support the circuit court's finding that Aurora had been assigned the note. Our review of her testimony, however, reveals that Conner lacked the personal knowledge needed to authenticate Exhibit D See WIS. STAT. § 909.01 (documents must be authenticated to be admissible, and this requirement is satisfied 'by evidence sufficient to support a finding that the matter in question is what its proponent claims').…With respect to possession of Exhibit D, Conner did not assert that Exhibit D was an original or that Aurora had possession of the original document. For that matter, Conner did not provide a basis for a finding that any original document she might have previously viewed was what it purported to be.
¶ 8 Thus, Conner did no more than identify herself as an Aurora employee who was familiar with some unspecified Aurora documents, who had reviewed some Aurora documents, and who had brought some documents, including Exhibit D, to court. Although Conner was able to say that Exhibit D, on its face, was an assignment, she had no apparent personal knowledge giving her a basis to authenticate that document. See WIS. STAT. § 909.01.

¶ 12 In sum, Aurora failed to authenticate Exhibit D, the document purporting to be an assignment of the note. Thus, regardless of other alleged proof problems relating to that note and the Carlsens' alleged default, the circuit court's finding that Aurora was the holder of the note is clearly erroneous—no admissible evidence supports that finding. Aurora failed to prove its case, and it was not entitled to a judgment of foreclosure.
By the Court.—Judgment reversed."

AURORA LOAN SERVICES LLC v. Carlsen, No. 2010AP1909 (Wis. Ct. App. Mar. 24, 2011)

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Tags: Wisconsin
Source: AURORA LOAN SERVICES LLC v. Carlsen, No. 2010AP1909 (Wis. Ct. App. Mar. 24, 2011)

 

Wisconsin has 89,000 stories waiting to be told. Have you read an article in your local paper that exposes fraud, abuse, or corruption? Send it to us! We want to help save Wisconsin homes.