Foreclosure Activity in Wisconsin
Wisconsin is a Judicial Foreclosure State with a 6-month post-judgment redemption period on owner-occupied residential property for which the lender is not seeking a deficiency. There is a 3-week publication requirement prior to sheriff’s sale.
Wisconsin has 72 counties; however, counties in Southeast Wisconsin account for the majority of the foreclosure activity in the state.
Statewide Foreclosure Mediation Process Model
The Wisconsin Network Model incorporates the successful features of the original Marquette University Law School Foreclosure Mediation Program, created in 2009 with a stakeholder design process. These features include:
- Voluntary entry for both homeowner and lender
- Both homeowner and lender participants pay a fee, with due dates appropriately sequenced.
- Mediator role is as facilitator, not a decision maker, and is neutral and impartial in all respects
- Confidentiality and privilege of all mediation communications
- Scope of mediation topics include retention options or graceful exit strategies
New features of the model include:
- Limited withdrawal from the mediation process, allowing for a resolution with assistance of mediator
- Use of a secure online portal to transmit modification packages and messages
Goal of Mediation
The goal of mediation through the Wisconsin Foreclosure Mediation Network Model is to facilitate a mutually satisfactory resolution to the foreclosure action.
Local Rules and Judicial Orders
Judges in participating counties have either created a district-wide directive, local rules or signed judicial orders, available here, requiring lenders to 1) attach to the Summons and Complaint of Foreclosure on residential properties, the Notice of Availability of Mediation and Mediation Request Form, printed on colored paper, and 2) to follow the Detailed Mediation Process Description.
Please click here for a list of participating County Clerk of Circuit Courts’ websites.
Required Lender Forms
Lenders are required, in participating counties, to attach to the Summons and Complaint of Foreclosure on residential properties the Notice of Availability of Mediation Form and the Mediation Request Form. In addition, once a Lender agrees to participate in mediation, they’ll need to complete the Confidential Loan Data Form and review the Agreement to Mediate.
These forms are available for download here.
Document Exchange Portal
The Network uses a secure, online document exchange portal to aid parties in perfecting the financial package. Click here for detailed instructions on accessing and using the portal.