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Judicial foreclosure available: Yes
Non-Judicial foreclosure available: Yes
If the mortgage contains a power of sale clause, it may
be foreclosed by advertisement in Wisconsin without going through a lawsuit. On
the other hand, if there is no power of sale clause, the mortgage must be
foreclosed judicially by filing a lawsuit and obtaining a court-ordered
sale.
Judicial Foreclosure
The lender may file a lawsuit seeking a court order for
foreclosure and/or a deficiency judgment for any money the sale doesn't
produce. The court will set the date, time, place and manner of sale. Usually
it is conducted by the sheriff. No sale may be made for one year from the date
the judgment is entered unless the lender waives the right to a deficiency, in
which case the delay is six months, or two months if the property is abandoned.
Sales by consent may be earlier.
Foreclosure by Advertisement Preliminary
Notices
Contents
The foreclosure notice must specify the names of the
borrower and lender, the date the mortgage was recorded, the amount due at the
date of the notice, a property description and the time and place of sale.
Recording
The foreclosure notice must be recorded when the
foreclosure notice is first published.
Advertising
A foreclosure notice with the time and place of sale
must be published once a week for six consecutive weeks in a newspaper
published in the county where the real estate is located.
Service
Mailing is not adequate. The foreclosure notice must be
served upon the borrower in the same manner that civil process in a lawsuit is
served. If the borrower cannot be found, then the notice shall be posted in a
conspicuous spot on the mortgaged premises and served on any occupant.
Sale Procedures
Time
The sale takes place between 9 A.M. and sunset.
Place
The sale occurs at the place given in the foreclosure
notice.
Manner
The sale shall be at public auction to the highest
bidder. The person who normally calls out the sale must be the person appointed
for the task in the mortgage, or the sheriff. The sale may be postponed, if
necessary. The person making the sale must give the purchaser a certificate, in
writing, entitling the buyer to a deed. The certificate must be filed where
deeds are recorded. If the property is not redeemed, the person making the sale
must execute a deed to the buyer.
Sale Confirmation
Wisconsin law provides a procedure by which a
foreclosure sale may be confirmed by court order after it is made.
Redemption
If a sale is confirmed, then there is no right of
redemption. Otherwise, there is a one-year right of redemption if the high bid
at the foreclosure sale, plus interest, is paid. During such a period, the
borrower may also retain possession.
Deficiency
A deficiency judgment is not allowed unless the
application for sales confirmation states the lender's intent to seek one.
Otherwise, it is a separate portion of any existing legal action, or a separate
action altogether. It will not be final until on or after the sale
confirmation. |
