Wisconsin Foreclosure process

Wisconsin performs its foreclosures judicially. Specifically the circuit courts of Wisconsin have jurisdiction for the filing of a foreclosure complaint. There are nine

(9) separate steps to the foreclosure process in Wisconsin. They are 1) Breach letter; 2) Complaint to foreclose; 3) Lis Pendens 4) Judgment; 4a) default judgment; b) summary judgment 4c) Final judgment 5) Newspaper Publication; 6) Foreclosure Sale; 7) Confirmation of Sale; 8) Confirmation Hearing; 9) Deed of Foreclosure.

1.) Breach letter

The first step in the Wisconsin foreclosure process is for the lender to notify the homeowner by certified mail that he/she has breached the contractual terms of the promissory note and to notify the owner of its intention to foreclose on the home and seek a deficiency judgment.

This letter will be forwarded to the homeowner prior to the filing of the complaint to foreclose. This is the end of the private information which we will only see if we are able to enter the home prior to an auction and purchase the property from the homeowner directly.

2) Complaint to Foreclose

The Complaint to Foreclose is just a lawsuit which is filed in the circuit court where the property is located. The attorney prepares the complaint after a review of the file, performs a title search and has sent a breach letter to the homeowner.It recites the facts of the breach of contract by the homeowner.

For instance the complaint will recite the amount of the original mortgage, the current amount that the homeowner is behind on the mortgage and will include all of the other parties of record.

3. Lis Pendens

A Lis Pendens is filed after the complaint is filed to serve as notice to the world that the lender has an interest in the property.

4) Judgment

There are three (3) ways that a judgment can happen in a foreclosure case. First, the bank can win by a default judgment. Second, the bank can win by summary judgment.Finally, one can win after a trial.

4 a) DEFAULT JUDGMENT

A default judgment will be entered after the filing of the complaint and servings the defendants. The defendant then will either have a valid defense or not. If none, the court will enter a judgment for the bank by either affidavit or based upon oral testimony. Each defendant has to be notified of the hearing.

In Wisconsin, most foreclosure judgments are entered by default and not after a trial due to the consequences of filing a dilitory defense. The courts have required some Wisconsin lawyers to pay some of the cost and attorney fees of the bank (up to half) when filing an answer just to delay the inevitable foreclosure.

4b) SUMMARY JUDGMENT

If a homeowner files an answer with a defense then the rules require that a summary judgment hearing will be held within eight months after the filing of the complaint. The summary judgment is simply a way to get rid of a case that has no issues of fact before the expense of a trial. The case is heard after either the bank or the homeowner sends a notice to the other parties twenty days prior to the hearing along with affidavits. The other side will file opposing affidavits and then an evidentiary hearing will be held and a decision based upon a four prong test.

Here the bank will also file a motion for costs based upon a frivolous defense or pleading. Unlike most states, Wisconsin will require the attorney and the person acting in bad faith to stall for time to pay the fees of the moving party.

4c) FINAL JUDGMENT

Once the court has established that a judgment shall issue, they will enter into a judgment which will set out the amount of the debt due on the house. The Court can by statute add the following items to the judgment. 1) interest from the note to the date of the sale. 2) reasonable fees for the opinions of title. 3) Attorney fees of no more than five percent (5%) of the judgment. 4) Any real estate taxes paid on behalf of the homeowner. 5) Any insurance paid on behalf of the homeowner. 6) Any repairs done on the property on behalf of the homeowner.

The judgment will detail the amount of money owed to the lender, the date and time of the public sale of the property. The court will require the lender to publish a notice of sale in a newspaper with a general circulation in the county where the property lies once a week for two consecutive weeks.

5) NEWSPAPER PUBLICATION

The notice in the newspaper is required to have the following information contained therein:

1) The time and place of the sale.

This notice must be published for six consecutive weeks prior to the sale with the first notice not longer than eight (8) weeks before the sale.If the sale is adjourned for any reason the continuance and new date must be published in the newspapers where the property is located. The notice in the newspaper is required to have the following information contained therein:
2) A description of the property to be sold.
3) The time and place of the sale.
4) A statement that the sale is being made pursuant to a final judgment.
5) The heading of the case.
6) The name of the clerk ordering the sale.

This notice must be published for two consecutive weeks prior to the sale with the last notice not less than five days prior to the sale. If the sale is continued for any reason the continuance and new date must be published in the newspapers where the property is located.

6) Foreclosure Sale

The sale is then held in the courthouse at the county courthouse where the property is located. The high Bidder is required to deposit ten percent (10%) of the winning bid by certified check or cash with the sheriff. If the high bidder defaults on his obligations to make all payments within the prescribed time the high bidder will lose his/her deposit and the property will be re-advertised for sale.

7) CONFIRMATION OF SALE

Upon placing the deposit the sheriff send in a motion for confirmation of sale. The confirmation is then mailed to the parties including the winning bidder no less than five (5) days before the confirmation hearing. The notice shall state the following:
1) Amount of the judgment
2) amount realized at the sale
3) amount of the personal judgment sought against the homeowner
4) the time and place of the hearing.

Upon placing the deposit the clerk completes a certificate of sale and this served upon each interested party. This certificate of sale states the name of the high bidder and the price paid.

8) CONFIRMATION HEARING

The standards to confirm a sale are as follows.

1) If the sale was above the amount of the debt, there will be a presumption that the property sold for a fair value. 2) If the property sold for less than the debt there will be no presumption and the court will review the sale until it is satisfied that it has been sold for fair value and there is a showing that there was a mistake, misapprehension, inadvertence on the part of the interested parties or prospective bidders.

If the Court finds that the property sold for less than fair value the court has three options:
1. Order the sale void and schedule for resale.
2. Set a minimuim upset price for resale.
3. Confirm the sale if what the court feels is fair value is credited to the judgment.

If no objections are filed within the next ten (10) days the clerk will file a certificate of title. The property then passes to the high bidder.

9. Deed Of Foreclosure

After the confirmation hearing the winning bidder will be given a deed either of the sheriff or referee?s deed vesting the bidder with all right title and interest of the homeowner. The bidder gets the property subject to any senior liens.frontgateconsulting.com/

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