Wisconsin Foreclosure Tips

While Wisconsin is not among the top ten states for foreclosures, it has not been immune to the national decline in home values or effects of high unemployment rates. If you find yourself among those Wyoming property owners affected by foreclosure, do not despair. Educate yourself and map out a plan. You will recover and things will get better.

Understand the Process

According to the Law School at the University of Wisconsin, foreclosures in the state are judicial -- they happen through court action. The lawsuit will begin with the lender filing a complaint, serving you with a copy of the filing and attaching a summons, seeking your response.

Respond to the Complaint

If you do not respond to the summons, a default judgment will be issued. That is, the foreclosure will be approved. If you understand and accept the foreclosure, do nothing. But if you want to buy more time or believe the foreclosure is unjustified or procedurally defective, respond to the summons. The document you must file with the court in response to the lawsuit is called an "answer." In Wisconsin, you have only 20 days from the date you were served to file the answer with the court. Your answer should include your responses to each statement in the complaint -- whether they're true, false or you aren't sure. Then proceed to explain your defense. Defenses commonly include the fact that the plaintiff is not your original mortgage lender, and you have seen no proof it owns the loan or that the amount owed is incorrect. You are not limited to just one defense.

Take Advantage of Mediation

Eleven counties in Wisconsin participate in a foreclosure mediation program. If you request mediation, the court determines whether your case is appropriate for mediation and, if so, will schedule it with a mediator. Possible outcomes of mediation include a loan modification. You have absolutely nothing to lose by requesting mediation.

Redemption

If, ultimately, the court approves a foreclosure, a judgment will be filed. After that time, Wisconsin state law allows a redemption period of two months if you have abandoned the property, six months if you live in the property and the lender agrees not to go after you for the balance of the mortgage debt -- called a deficiency judgment -- or 12 months if the lender intends to go after you for any deficiency. You are allowed to reverse the foreclosure by paying the lender all it is owned during the redemption period. You retain title and can remain living in the property during this period, as well.

References

• CNBC.com: States With the Highest Foreclosure Rates
• National Housing Law Project: State and Local Tenant Protections
• University of Wisconsin Law School: Responding to a Foreclosure Lawsuit in Dane County
• Wisconsin Court System: The Third Branch
• University of Wisconsin Law School: Wisconsin Foreclosure Timeline