Receiving a summons and complaint for foreclosure is one of the most frightening things a homeowner can face. In Wisconsin, foreclosure is a judicial process, meaning your lender has filed a lawsuit against you in Circuit Court.

This legal action is a signal: you have a limited time to act. Your most critical first step is finding an experienced attorney who understands the nuances of Wisconsin's specific foreclosure laws and procedures.

Here is a step-by-step guide to finding and hiring the right legal counsel to defend your home in Wisconsin.

Step 1: Recognize the Urgency and the Deadline

Unlike some other states, the clock starts ticking the moment you are served the Summons and Complaint.

• You Have a Deadline to Respond: Typically, you have only 20 days to file a formal Answer with the court. Missing this deadline can result in a default judgment, which drastically limits your options to save your home.

• Specialized Law: Foreclosure defense is a highly specialized area of real estate and consumer law. You need an attorney who doesn't just dabble in it, but has a focus on debtor defense against institutional lenders.

Step 2: Where to Find Qualified Attorneys

Start your search with resources that vet attorneys or specialize in consumer debt and real estate:

1. State Bar of Wisconsin Lawyer Referral and Information Service (LRIS): Contact the LRIS and specifically request referrals for attorneys specializing in Foreclosure Defense, Debtor/Creditor Law, or Real Estate Litigation.

2. Online Directories: Use platforms like Avvo, Justia, or the State Bar directory, filtering for "Foreclosure Defense" in your county (e.g., Dane, Milwaukee, Waukesha).

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A Critical Note on Locality: Wisconsin's court system operates locally. An attorney who knows the judges, clerks, and local procedures in your specific county can be a significant advantage.

Step 3: Essential Questions for the Initial Consultation

The consultation is your opportunity to interview the lawyer. Be prepared to bring all documents you have (Summons, Complaint, mortgage, note, default notices).

Ask these questions to gauge their experience and approach:

Step 4: Understanding Foreclosure Defense Fees

Be realistic about the cost. Foreclosure defense is time-consuming, and attorneys typically charge in two ways:

1. Hourly Rate: Common for litigation, usually requiring a large upfront retainer (a deposit) against which the lawyer bills their time (often $\$200$ to $\$400$ per hour in Wisconsin).

2. Flat Fee: Often used for specific, defined stages, such as drafting and filing the initial Answer, or handling a loan modification application.

Beware of Red Flags:

• Guaranteed Results: An ethical attorney will never guarantee you will save your home or get a loan modification. They can only promise to provide the best defense.

• Out-of-State "Loan Auditors": Avoid any non-lawyer service promising to "audit" your loan documents to find a secret defense. If you need a legal defense, you need a licensed Wisconsin attorney.

Step 5: Make Your Decision and Commit

Foreclosure is a race against time. The attorney's goal is not just to win, but to buy you enough time and leverage to secure a permanent, positive outcome, like a loan modification or a refinance.

• Choose Trust and Experience: Select the lawyer whose experience and communication style make you feel the most confident in a difficult situation.

• Sign the Agreement: Get the fee arrangement in writing, pay the retainer, and follow your attorney's advice immediately.

The decision to hire a foreclosure defense attorney is the single most important step you can take to protect your equity and your home in Wisconsin. Don't delay—your defense starts now.

Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online.