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now in breach of the Mortgage through both his default and his claim that title is <br />impaired. He induced Bank of America to lend to him with a promise to defend the title <br />he now attacks. He should not be permitted to benefit from his duplicity, and should be <br />denied equitable relief. <br />6. Mr. Engelhart's parceling argument also fails on the merits. He claims that the mortgaged <br />parcel is illegal, but the Dane County Assessor's Office has recognized it as a valid parcel <br />since 2004. (See Manna Af. . II 4.) Neither Ch. 75 of the Dane County Ordinances nor the <br />Wisconsin Statutes referred to therein provide for an automatic reverter if a parcel is not <br />recorded with a certified survey map ("CSM"). Nor do Ch. 75 or the associated statutory <br />provisions provide for a private invalidation of a parcel recorded without a CSM more <br />than one year after creation of the parcel. Accordingly, Dane County's recognition of the <br />parcel for seven years is all that is necessary for the parcel to remain valid and vendable. <br />Dated: December 8, 2011 <br />Foley & Lardner LLP <br />777 East Wisconsin Avenue <br />Milwaukee, WI 53202-5306 <br />414.271.2400 <br />3 <br />4826-6604-3662.1 <br />Respectfully submitted, <br />Michael C. Lueder, WI Bar No. 1039954 <br />Daniel A. Manna, WI Bar No. 1071827 <br />