Klemme v. Schoneman

In Klemme v. Schoneman, 165 Wis. 2d 250, 477 N.W.2d 77 (Ct. App. 1991), the Court addressed whether a stipulation in a divorce action granted a mortgage interest in property that could not be discharged in bankruptcy. The Court rejected the argument that a mortgage required a formal document and instead looked to see if the stipulation had the characteristics of a classic mortgage. See Klemme, 165 Wis. 2d at 259-60. The Court noted that the Klemme stipulation contained the following "mortgage ingredients": (1) the conveyee's interest was expressed as a lien; (2) the lien attached to specific property; (3) the lien was a guarantee that a certain sum of money would be paid; (4) interest was earned on the debt; (5) the debt had a due date. See Klemme, 165 Wis. 2d at 258-59.