THOMAS S. UTSCHIG, Bankruptcy Judge.
On November 22, 2010, the Court conducted a hearing on the chapter 7 trustee's motions for default and/or summary judgment in this case. The trustee was represented by Christopher M. Seelen, and Robert Risler was represented by Mart W. Swenson. Jerry Risler appeared pro se. The following constitutes the Court's findings of fact and conclusions of law pursuant to Fed. R. Bankr.P. 7052. Based upon the record, the Court concludes that it is appropriate to grant the trustee's motion for summary judgment.
When the debtor filed bankruptcy, he was one of the title owners of a parcel of real estate located in Boyceville, Wisconsin. According to a warranty deed and a quit claim deed, both of which were recorded in April of 2007, the property was owned by Robert J. Risler and Jerry T. Risler as joint tenants. Jerry Risler is the debtor's son. Neither the debtor nor his son reside in the property, and it is not the homestead of either one of them. The trustee indicates that the property tax bill reflects that the property has a fair market value of $87,600.00, and there are no liens against it. If this valuation proves true, the debtor's unencumbered 50% interest in the property is worth approximately $43,800.00. The debtor only scheduled about $35,000.00 in unsecured claims, and has not claimed the property as exempt. The trustee requests judgment authorizing both the sale of the property free and clear of liens pursuant to 11 U.S.C. § 363(f) and the conveyance of the co-owner's interest in the property pursuant to § 363(h).
Summary judgment is appropriate where there are no disputed issues of material fact and the moving party is entitled to judgment as a matter of law. See Fed.
Here, it is uncontested that the deeds reflect that Robert and his son each own a 50% interest in the property as joint tenants. Jerry indicates that he purchased the property in 2007 for $38,000.00 (as he puts it, "this is the total price, not half").
The Court is sympathetic to Jerry's plight, and it is unfortunate that the parties did not consult with an attorney prior to acquiring the property. But the deed is what it is, and it is too late to change it now.
Whatever the equitable interests may have been between father and son, creditors are entitled to rely "on the face of the deed." See Dubis v. Zarins (In re Teranis), 128 F.3d 469, 472 (7th Cir.1997). In Teranis, the debtor's mother purchased
Id. Further, the court rejected the notion that the mother could assert a constructive trust against the property because there was no unjust enrichment and the benefit obtained by the daughter was not obtained by fraud, duress, mistake, or other unconscionable conduct. Id. at 473.
Put simply, "[w]here a deed is unambiguous, it is conclusive proof of ownership." Kepler v. Koch (In re Kirchner), 372 B.R. 459, 465 (Bankr.W.D.Wis.2007). As the Wisconsin Supreme Court has observed, if a deed is susceptible to only one interpretation on its face, its construction is purely a question of law and extrinsic evidence cannot be used to show the intent of the parties. Rikkers v. Ryan, 76 Wis.2d 185, 188, 251 N.W.2d 25 (Wis.1977); see also Grygiel v. Monches Fish & Game Club, Inc., 2010 WI 93, 787 N.W.2d 6, 14 (2010); Konneker v. Romano, 2010 WI 65, 326 Wis.2d 268, 785 N.W.2d 432, 441 (2010). In Teranis, the Seventh Circuit sympathized with a mother "adversely affected by her daughter's bankruptcy," but concluded that the daughter was properly considered a coequal owner of the property and that the trustee was authorized to sell the entire condominium. 128 F.3d at 474. In this case, the unfortunate reality is that it does not matter how Robert acquired his interest in the home, whether he ever lived there, or even that the sale of the property will adversely affect Jerry. What matters is the language of the deed, which unambiguously provides that Robert and Jerry own the property as joint tenants. On the face of the deed, Robert has a 50% interest in the property which the trustee is authorized to sell for the benefit of creditors.
Accordingly, the trustee's motion for summary judgment must be granted. The property may be sold pursuant to 11 U.S.C. § 363(f) and (h).