Foreclosure is a legal process that allows lenders to recover outstanding mortgage loan amounts when borrowers default on their payments. If you are a homeowner in Wisconsin facing the possibility of foreclosure, it is important to understand how the process works. This blog post provides a step-by-step guide to help you navigate through the foreclosure process in Wisconsin.
- Pre-Foreclosure Actions: a. Missed Payments: The foreclosure process typically begins when the homeowner fails to make mortgage payments. Lenders will usually initiate contact through letters or phone calls to address the missed payments and provide an opportunity for the borrower to rectify the situation.
b. Notice of Intent to Foreclose: If the borrower does not resolve the payment issue, the lender will send a Notice of Intent to Foreclose, stating their intention to initiate foreclosure proceedings. This notice provides a timeframe within which the borrower can catch up on the missed payments.
- Foreclosure Filing: a. Judicial Foreclosure: In Wisconsin, foreclosure is a judicial process, meaning it is handled through the court system. The lender files a lawsuit against the borrower, initiating the foreclosure action.
b. Summons and Complaint: The borrower receives a Summons and Complaint, officially notifying them of the foreclosure lawsuit. This document outlines the lender's claims, the outstanding debt, and the timeframe for response.
- Foreclosure Proceedings: a. Court Hearing: If the borrower fails to cure the default within the given timeframe or respond to the lawsuit, the court schedules a foreclosure hearing. This provides an opportunity for the borrower to present any defenses or counterclaims.
b. Judgment of Foreclosure: If the court determines that the borrower is in default and the lender is entitled to foreclose, a Judgment of Foreclosure is issued. This judgment sets the terms for the sale of the property and includes a redemption period during which the borrower can reclaim the property by paying off the debt.
- Redemption Period and Sale: a. Redemption Period: In Wisconsin, the borrower typically has a redemption period of six months from the date of the foreclosure judgment. During this time, the borrower can redeem the property by paying the outstanding debt, interest, and associated costs.
b. Foreclosure Sale: If the borrower fails to redeem the property within the redemption period, a foreclosure sale is scheduled. The property is auctioned off to the highest bidder, typically held by the sheriff or a designated agent. The sale proceeds are used to satisfy the outstanding debt.
- Eviction and Transfer of Ownership: a. Eviction: After the foreclosure sale, if the borrower has not vacated the property, the new owner may initiate eviction proceedings to regain possession of the property.
b. Transfer of Ownership: Once the sale is complete, and the redemption period has expired, the new owner receives a Sheriff's Deed, transferring ownership of the property.
Conclusion: Facing foreclosure can be a daunting and stressful experience. By understanding the foreclosure process in Wisconsin, homeowners can better navigate the legal procedures and explore potential options to prevent or mitigate foreclosure. Seeking professional advice from foreclosure prevention counseling services or legal experts can provide additional guidance and support throughout this challenging time.
Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online.
