Ct. of Appeals dismissed defendants’ appeal of Dist. Ct. judgment of foreclosure on defendants’ home, after Dist. Ct. found that defendants had defaulted on residential mortgage note and ordered that defendants’ home be subject to sheriff’s auction after time for redemption by defendants had expired. Under Townsend, 793 F.3d 771, Dist. Ct.’s order was not final and appealable judgment, where, at time of said order, defendants retained statutory right to redeem their home prior to any judicial sale, and where judicial sale was subject to future judicial proceeding. Fact that plaintiff’s recovery would be limited to proceeds of sheriff’s foreclosure sale, or that instant foreclosure order would be final and appealable under Wisc. state law, did not require different result.
Federal 7th Circuit Court
Civil Court
Appellate Jurisdiction