
Summary of a Wisconsin Foreclosure
Documents Needed to Begin Foreclosure
1. A copy of the RECORDED Deed of Trust
2. A copy of the Note
3. A copy of the RECORDED Assignments, if applicable
4. Breakdown of the Arrearages, i.e. date the delinquency started,
monthly payments, monthly late charges, and any other costs that
may have been paid, i.e. taxes, insurance, property inspections,
etc.
The only method of foreclosure in Wisconsin is judicial.
Wisconsin has requirements regarding the redemption period which
must be addressed prior to filing the Complaint. If the Mortgage
has a provision/waiver of deficiency, the lender/client must decide
to either (1) Take a six (6) month redemption period after judgement
with no right to deficiency and rents during that period (other
requirements apply) or (2) Take a one (1) year redemption period
after judgement with rights to deficiency and rents during that
period (must appoint a receiver).
The other main peculiarity in Wisconsin is the placement of the
redemption period. While generally, this is post-sale, in Wisconsin
the redemption period begins once judgment is entered. Then a sale
may not be set until either the six months or one year has passed.
Once redemption expires, a Sheriff’s sale is set, and a Notice
of Sale is published for six weeks. Once the sale occurs and is
confirmed by the court, no further redemption period exists and
a deed may be immediately issued.
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