BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE-HOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES SERIES 2006-14, C/O BAC HOME LOANS SERVICING, L.P., PLAINTIFF-RESPONDENT,
DIANE G. CANO AND UNKNOWN SPOUSE OF DIANE G. CANO [MARIO CANO], DEFENDANTS-APPELLANTS,
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR S&L INVESTMENT LENDING, INC., DEFENDANT.
Court of Appeals of Wisconsin, District IV.
Opinion Filed: January 20, 2011.
Before Vergeront, P.J., Lundsten and Blanchard, JJ.
¶ 1 PER CURIAM.
Diane and Mario Cano appeal a foreclosure judgment. The Canos contend that (1) the circuit court erroneously exercised its discretion in granting the Bank of New York’s motion to reopen its foreclosure action against the Canos; and (2) the court erred in granting summary judgment to the Bank. We conclude that the court properly reopened the foreclosure action, but that the Bank did not establish a prima facie case for summary judgment. Accordingly, we reverse and remand for further proceedings.
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