Avudria v. McGlone Mortgage Co.
802 N.W.2d 524
Wis. Ct. App.2011Background
- Avudria sued McGlone Mortgage for failing to use DFI-published forms in the mortgage process, seeking relief under Wis. Stat. § 224.80(2).
- McGlone obtained a Wells Fargo loan for Avudria in January 2007, and Avudria signed numerous documents, including a Final Statement with fee disclosures.
- McGlone used Calyx Software forms until July 2008, when Wisconsin began requiring DFI forms; Avudria knew of the fees and did not object.
- Avudria filed suit in February 2009, more than two years after closing, alleging violations of Wis. Stat. §§ 224.79 and 224.77.
- The circuit court granted summary judgment finding Avudria not an “aggrieved” person under § 224.80(2); judgment was entered and later stipulated as satisfied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Avudria is a 'person who is aggrieved' under § 224.80(2). | Avudria contends the statute allows a private action for a technical violation regardless of injury. | McGlone argues aggrieved status requires actual injury or damages. | No; aggrieved requires actual injury/damage. |
| Whether Avudria retained appellate rights notwithstanding the stipulation of satisfaction. | Avudria preserves his appeal rights despite the judgment. | Stipulated satisfaction may waive appellate rights. | This court has jurisdiction; no waiver of appeal rights. |
Key Cases Cited
- Liebovich v. Minnesota Insurance Co., 310 Wis.2d 751 (2008 WI 75) (aggrieved means injuriously affected; injury required)
- State ex rel. Kalal v. Circuit Court for Dane County, 271 Wis.2d 633 (2004 WI 58) (statutory interpretation framework; plain meaning governs)
- Green Spring Farms v. Kersten, 136 Wis.2d 304 (1987) (summary judgment standard and de novo review)
- WDOR v. River City Refuse Removal, Inc., 299 Wis.2d 561 (2007 WI 27) (avoid superfluous words; interpret statutes to give effect)